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The document is a legal complaint filed in the Chancery Court of Mississippi, seeking specific performance of a real estate purchase contract. The plaintiffs allege that the defendant, after winning an auction for multiple parcels of land, failed to complete the purchase as agreed. The complaint outlines the details of the auction, the terms of the contract, and requests that the court enforce the contract by ordering the defendant to pay for the property, along with reasonable attorney fees and pre-judgment interest.

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What is the specific performance?

Legal Examples: Real estate is often considered unique, making specific performance a suitable remedy. An art collector agrees to sell a rare painting to a buyer, but then decides to keep it. The buyer sues for specific performance, requesting that the court compel the seller to deliver the painting.

In which of the following examples would specific performance be appropriate?

Another example is if a landlord agrees to rent a specific apartment to a tenant, but then decides not to rent it. The tenant can seek specific performance, and the court can order the landlord to rent the apartment to the tenant ing to the terms of the contract.

What is a suit for specific performance?

Specific performance is a contractual remedy in which a court orders a party to fulfill their obligations as closely as possible to what was promised in the contract , rather than simply paying damages for failing to do so.

What is an example of specific performance?

Because of this uniqueness, courts often order specific performance in real estate transactions. For example, if someone agrees to sell you a piece of land and then backs out, the court might force them to go through with the sale rather than just awarding you money.

Why is specific performance rarely granted?

If enforcing special performance would result in unfair or oppressive terms for the breaching party, the court may not grant this remedy. It frequently applies when a contracts terms are unduly one-sided or burdensome.

What are the rules for specific performance?

Requirements for 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.

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