specific performance
compliance with contractual obligations, fulfilling one's obligations in a contract
Specific performance
In the law of
remedies, an order of specific performance is an order of the court which requires a party to perform a specific act. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of an
injunction but there are mandatory injunctions which have a similar effect to specific performance.
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specific performance
Noun
1. the performance of a legal contract as specified by its terms
(hypernym) performance, execution, carrying out, carrying into action
Specific Performance
A remedy in the event of breach of contract, whereby the Court orders a party found in breach of his/her contractual obligations to perform their specific duty as set out in the contract. - (
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Specific Performance
remedies. The actual accomplishment of a contract by the party bound to fulfill it.
Many contracts are entered into by parties to fulfill certain things, and then the contracting parties neglect or refuse to fulfill their engagements. In such cases the party grieved has generally a remedy at law, and he may recover damages for the breach of the contract; but, in many cases, the recovery of damages is an incompetent remedy, and the party seeks to recover a specific performance of the agreement.
It is a general rule, that courts of equity will entertain jurisdiction for a specific performance of agreements, whenever courts of law can give but an inadequate remedy; and it is immaterial whether the subject relate to real or personal estate.
But the rule is confined to cases where courts of law cannot give an adequate remedy.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
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