Advantages And Disadvantages Of Specific Performance

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Specific performance is an extraordinary equitable remedy that compels a party to execute a contract accordingly to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice, will be done between the parties. Specific performance grants the Plaintiff what he actually bargained in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it. This Specific Performance is an equitable rather than legal remedy. By compelling the parties to perform exactly what they had agreed to perform.
Specific Performance can be granted only by the court in the exercise of its equity powers, subsequent to a determination of whether a valid contract can be enforced exist and an evaluation of the relief sought. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land and unique chattel. Damages for the breach of a contract for the sale of ordinary personal property are, in most cases, readily ascertainable and recoverable so that specific performance will not be granted. The advantage of this remedy is that, since it is an order of an equity court it is also been supported by the enforcement power of that court. If the defendant refuses to obey that order, she can be cited for criminal contempt and even imprisoned. The defendant can also be cited for civil contempt for continuing to refuse to obey the order and can be incarcerated. When specific performance is impossible or the pleading or proof does not justify that remedy, and the court may give damages in lieu of specific performance
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The element of a specific performance cause of action is that the complaint for specific performance must allege:
i.The making of a specifically enforceable type of contract, sufficiently certain in its terms ii.Adequate consideration, and a just and reasonable

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