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🎯 Specific Performance

A court order requiring a party to fulfill a contract.

Specific Performance

Money damages sometimes miss the point of a bargain. Specific performance is a court order requiring a party to fulfill their contractual obligations as promised rather than merely paying compensation for breach.

Courts traditionally grant specific performance when the subject matter is unique, such as real estate or rare goods, so that substitute performance is inadequate. They are more reluctant to order ongoing personal services. The plaintiff must generally show a valid contract, readiness to perform, and lack of adequate legal remedy.

Specific performance is an equitable remedy, so unclean hands or undue hardship can defeat it. When issued, the order is enforceable through contempt. Contract drafters sometimes stipulate that specific performance will be available, though courts still apply equitable principles.

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