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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:
    1. Contracts involving personal service
    2. Contracts involving continuous duties

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