Are There Any Defenses to Specific Performance?
Yes, there are defenses that may be available for a breaching party who does not want specific performance to be ordered.
One of the more common defenses is showing that one or more of the elements listed above was not met by the party that is seeking specific performance.
In addition, there are affirmative defenses that may be available against sp.
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What Are The Elements of Specific Performance?
The specific performance elements that must exist in order for this remedy to be available include:.
1) A valid and binding contract;.
2) Definite and certain terms;.
3) Mutuality of obligation and remedy;.
4) Freedom from fraud and overreaching; and.
5) A lack of remedy at law.
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What Are The Remedies to A Breach of Contract?
If one or more of the parties to a contract do not perform according to the contract terms, a breach of the contract has occurred.
There are several possible remedies for a breach of contract, depending on the circumstances, including:.
1) A remedy specified in the contract itself, such as liquidated damages;.
2) An award of money damages;.
3) Restitu.
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What Do I Need to Show to Get Specific Performance ordered?
There are several elements the non-breaching party will need to show in order to obtain a specific performance order, including:.
1) A valid and enforceable contract must have been entered into; 1.1.
If the contract is found to be invalid or unenforceable, then the non-breaching party will not recover anything;.
2) The non-breaching party must show a.
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What is complete performance in terms of contracts in law?
Exact and complete performance by both the parties puts an end to the contract.
In expecting exact performance, the courts mean that, performance must match contractual obligations.
In requiring a contract to be complete, the law is merely saying that any work undertaken must be carried out to the end of the obligations.
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What Is Specific Performance?
Under contract law, specific performance is an equitable remedy where a court orders one of the parties to perform a specific action in order to complete their required performance under the contract.
An order for specific performance typically arises when the parties have contracted with one another, but one of them failed or refused to perform as.
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What Would Trigger Specific Performance?
There are certain factors that may trigger specific performance as a remedy in a breach of contract case.
For example, if the subject of a contract is unique, meaning that it is not solely a matter of money, or when the true amount of damages may be unclear.
If, for example, a contract is entered into for the sale of a unique piece of property, mon.
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When May A Court Order Specific Performance?
Specific performance is only available in cases where money damages would not be a sufficient remedy for the non-breaching party.
Because of this, specific performance orders typically only occur related to unique items, such as:.
1) Real estate;.
2) Antiques;.
3) Heirlooms;.
4) Artwork.
Although each piece of real estate could be considered a unique i.
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Who can demand performance of a contract?
Promisee – only a promisee can demand performance and not a stranger demand performance of the contract. 2.
Legal Representative – legal representative can demand Exception performance.
Contrary intention appears from the contract.
Contract is of a personal nature.
