Legal Definition and Related Resources of Specific Performance

where the common law remedy of damages is inadequate to compensate a plaintiff for breach of a contract , equity will compel the defendant to accomplish the thing contracted for on the equitable principle that what is lawfully agreed to be done ought to be done. An action to enforce the performance of the specific contractual obligation is known as an action for specific performance. Such actions are common in relation to an agreement of purchase and sale of land. It might encompass unique goods ; also mere choses in action such as shares in a company . One of the primary concerns in exercising this equitable jurisdiction is the nonavailability of adequate remedy by way of damages. See Heine v Boyd of levee Com., 86 U.S. 655, 19 Wall. 655. 22 L.Ed. 23. Where specific performance is sought only for part of a contract, same will not be granted unless the part is clearly severable from the remainder . See Ruthland Marble Co. v Ripley, 77 U.S. 339, 10 Wall. 339. 19 L.Ed. 955.

The actual accomplishment of a contract by the party bound to fulfill it. An equitable remedy to compel the precise or substantial performance of a contract. The right to the remedy was in its origin dependent on the inadequacy of the legal remedy by suit for damages, but this rule has been very much relaxed. 2 N. Y. 60; 7 111. 327.

Browse or run a search for Specific Performance in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Specific Performance in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Specific Performance in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Specific Performance in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Equity, Maxims Of, Marketable Title.

Specific Performance Legal Definition

When money damages would be not pay for the breach of a contract, the contractor will be compelled to do specifically what the contract called for.

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This definition of Specific Performance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

English Spanish Translation of Specific performance

Cumplimiento estricto

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Specific performance) and the Word reference legal translator.

Meaning of Specific Performance in the U.S. Legal System

Definition of Specific Performance published by the National Association for Court Management: A remedy requiring a person who has breached a contract to perform specifically what he or
she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Concept of Specific Performance in the context of Real Property

A short definition of Specific Performance: An action to compel the performance of a contract, when money damages for breach would not be satisfactory.

Concept of Specific Performance in the context of Real Property

A short definition of Specific Performance: An action to compel the performance of a contract, when money damages for breach would not be satisfactory.

Specific Performance

Specific Performance