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The document is a legal complaint filed by a plaintiff against a defendant in a court, seeking enforcement of a Settlement Agreement. It outlines the parties involved, the nature of the dispute, and details regarding the settlement offer and subsequent failure of the defendant to comply. The plaintiff requests the court to compel performance of the agreement and award punitive damages.

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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 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 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.

What does a suit for performance ask for?

Rather than seeking monetary damages, the party seeking specific performance asks the court to order the other party to fulfill their contractual obligations as promised. In other words, specific performance is a court order that requires a party to carry out the precise terms of the contract.

What is an example of a specific performance?

Example: A famous singer agrees to perform at your event but later cancels. The court is unlikely to force the singer to perform, as this involves their personal talent and effort. Instead, you might get monetary damages. Specific performance is a powerful tool, but its not always available.

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.

How do you win a specific performance lawsuit?

Requirements to Win a Specific Performance Lawsuit 1) A valid, enforceable contract exists. 2) The buyer proves readiness and willingness to fulfill all contract terms. 3) The seller refuses to complete the sale without legal grounds.

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How to change Specific performance online

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Why is specific performance rarely granted?

What is a suit for specific performance?

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What does a suit for performance ask for?

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