The remedy is available where damages are inadequate, typically for unique goods, real property, and closely held business interests. It requires a valid enforceable contract, definite terms, and the plaintiff's readiness to perform.
Personal service contracts are generally not specifically enforceable.
Alternative Names:
Specific Performance Remedy|Compelled Performance
Why it Matters?
Inadequacy of damages is the threshold, which means fungible goods and readily replaceable services do not support the remedy regardless of inconvenience. Definiteness is the second requirement and defeats claims on agreements with open terms a court would have to supply. Courts also consider the supervision burden, declining to order performance requiring ongoing judicial oversight of a complex undertaking.
Frequently Confused with
Related terms
Frequently asked questions
When are damages inadequate?
What else defeats the remedy?
