When two parties enter into a contractual agreement, they usually have certain expectations of what will happen if either of them breaches the terms of the contract. Typically, the non-breaching party will seek damages or some other form of relief to compensate them for any losses incurred as a result of the breach. However, in some cases, the non-breaching party may decide to seek specific performance as a remedy for the breach.
What is Specific Performance?
Specific performance is a legal remedy that requires the breaching party to fulfill their obligations under the contract as agreed. In other words, if one party fails to do what they promised to do under the terms of the contract, the non-breaching party can seek a court order requiring the breaching party to perform as they should have in the first place.
When is Specific Performance Appropriate?
Specific performance is typically awarded when monetary compensation (such as damages) is not sufficient to remedy the breach. This is often the case when the subject matter of the contract is unique or rare, making it impossible to find a replacement elsewhere. For example, if a seller breaches a contract to sell a one-of-a-kind painting, the buyer may seek specific performance to compel the seller to sell the painting as agreed, rather than simply seeking monetary damages.
Another situation where specific performance may be appropriate is when the non-breaching party has no other reasonable remedy available to them. For example, if a contractor breaches a contract to provide services that are essential to the completion of a project, the project owner may seek specific performance to compel the contractor to complete the work as contracted.
How to Obtain an Order for Specific Performance
To obtain an order for specific performance, the non-breaching party must typically file a lawsuit against the breaching party. As with any legal action, it is crucial to have a strong case backed up by evidence that supports the plaintiff`s claim for specific performance. The plaintiff must also be able to demonstrate that monetary damages would not be sufficient to make up for the breach.
If a court decides to award specific performance, the breaching party will be ordered to fulfill their obligations under the contract as agreed. Failure to comply with the court order can result in further legal consequences, including fines or even imprisonment, in extreme cases.
In conclusion, specific performance is a legal remedy that can be sought when monetary damages are not sufficient to remedy a breach of contract. It requires the breaching party to fulfill their obligations under the contract as agreed, and can only be obtained through a lawsuit and court order. It is important to have a strong case backed up by evidence when seeking specific performance, and to be prepared to demonstrate that monetary damages would not be sufficient to compensate for the breach.