Construct · 1 fields · 1 citations

specific performance: a standalone construct

One name. One construct. A landmark on the map.

● anchor · a single construct in equity Nearest construct by meaning·not indexed
specificperformance1 CONSTRUCTSpecific performanceBURROWS · COMPEL

A single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.

Equitable remedies

Compelling a party to do what they promised

Specific performance is a discretionary equitable remedy that orders a contracting party to actually carry out their promise, rather than merely pay damages for breaking it, and is granted mainly where damages would be inadequate: for unique subject matter such as land or a one-of-a-kind chattel. Burrows sets out the conditions and bars to the remedy, including the requirement that damages be inadequate and the court's reluctance to order performance it cannot supervise. The referent is coerced performance of an obligation as a substitute for the common-law default of damages, reserved for cases where money cannot put the claimant in as good a position.[1]

Unit
A court order compelling actual performance of a contractual obligation
Recovery means
Not applicable
Measured by
Granted when damages are inadequate and withheld where performance needs constant supervision or works undue hardship

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Nearby constructs

remedy1 fields · 1 citationsanchor · a standalone constructcarry1 fields · 1 citationsanchor · a standalone constructcourt1 fields · 1 citationsanchor · a standalone construct

References

  1. Burrows, A. (2019). Specific performance. In Remedies for torts, breach of contract, and equitable wrongs. Oxford University Press. https://doi.org/10.1093/oso/9780198705932.003.0029

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