Specific Performance

What is Specific Performance in Contract Law?

Quick Definition

Specific performance is a legal remedy in contract law where a court orders a party to fulfil their contractual obligations rather than simply paying damages. This remedy is typically used when monetary compensation is inadequate, such as in contracts involving unique items or property.

In Context

Specific performance is often sought in cases involving real estate transactions, as each piece of property is considered unique. For example, if a seller refuses to transfer a property after a contract is signed, the buyer might seek specific performance to compel the sale. The remedy is discretionary and will not be granted if it causes undue hardship or if the contract involves personal services. A notable case is Beswick v. Beswick (1968), where specific performance was ordered to enforce an agreement involving the transfer of a business.

See Also

• Injunction

• Breach of Contract

• Damages

Learn More

To explore more about specific performance and other contract law remedies, check out our Contract Law Notes for comprehensive case law, examples, and revision tips.