How do you explain specific performance?

How do you explain specific performance?

Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.

What is specific performance example?

A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate.

What are the elements of specific performance?

There are three elements that must be proven before the specific performance will be granted: the existence of a valid, binding, and enforceable contract; compliance by the plaintiff with terms of the contract; and the failure of the defendant to perform its part of the contract.

What is the difference between injunction and specific performance?

Injunction Injunctions serve a similar purpose as specific performance. The difference is that with specific performance, the court orders a party to do something. With an injunction, the court often orders a party not to do something. An injunction may be permanent or temporary.

How do the courts decide whether to grant an order of specific performance?

Courts will enforce specific performance only if the underlying contract was “fair and equitable.” It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.

When can a court order specific performance of a contract?

(4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part.

What is an action for specific performance?

As the Supreme Court ascertained in this case, the action is essentially for specific performance – a personal action – over which the court a quo had jurisdiction, it was therefore erroneous for it to have treated the complaint as a real action which prescribes after 30 years under Article 1141 of the New Civil Code.

What is the difference between specific performance and restitution?

The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the …

Under what circumstances is a party entitled to a specific performance?

(4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part. Explanation.

How do you defend against specific performance?

Laches: If the party seeking specific performance unreasonably delayed in bringing suit then their claim may be defeated by this defense. Undue Hardship or Burden: If the defendant can show that specific performance would create an undue hardship or burden on them then this defense may be successful.