Specific Performance … bite size
Specific performance is a court order compelling one party to a contract to perform their obligation under the contract.
There are 4 restrictions on the granting on specific performance:
- It will only be granted where damages would be an inadequate remedy. If replacement goods or services could be obtained, damages will be awarded.
- It will not be granted where it could cause great hardship or unfairness to the defendant
- It will not be granted if the contract was obtained by unfair means
- It will not be granted for certain types of contract:
- Contracts involving personal service
- Contracts involving continuous duties