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What are the elements of specific performance?

Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overdocHubing; and 5) lack of remedy at law.

Are specific performance clauses enforceable?

A specific performance clause is typically enforceable as long as it is fair to both parties, and as long as the injured party can prove that the defendant failed to live up to their obligations and that they (the injured party) lived up to theirs.

What does enforce specific performance mean?

What is Specific Performance? Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for bdocHub of contract.

In which circumstances would a buyer most likely sue for specific performance?

Buyers Suing for Specific Performance The buyer may pursue specific performance if the seller is unwilling to carry out his or her obligations under the contract. Specific performance is allowed in real estate contracts because each parcel of land is unique and monetary damages are not adequate.

What is an example of specific performance?

For example, a contract for the sale of a specific piece of property, in which the owner pulls out, may result in a specific performance order requiring the seller to complete the sale to put the buyer in the position they would have enjoyed if the contract had been honored in the first place.

What triggers specific performance?

Specific performance is only allowed by the courts for contracts pertaining to unique items that cannot have a monetary value properly attached, such as parcels of real estate, one-of-a-kind artwork, and other unique items.

What is an example of specific performance?

For example, a contract for the sale of a specific piece of property, in which the owner pulls out, may result in a specific performance order requiring the seller to complete the sale to put the buyer in the position they would have enjoyed if the contract had been honored in the first place.

When would a suit for specific performance be used?

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.

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