Specific performance

Specific performance is an equitable remedy that orders a party to carry out a contractual obligation instead of paying damages. Courts generally reserve it for cases where money would not adequately remedy the breach.

Equitable remedy: A court-ordered remedy grounded in equitable principles, distinct from relief available as a matter of legal right. Specific performance belongs to equity and depends on the court’s assessment of fairness and adequacy.
Land sale contract: An agreement in which a seller promises to transfer real property to a buyer. Courts have traditionally treated land as unique, making damages an inadequate substitute for the promised transfer.
Expectation damages: Contract damages intended to give the injured party the value of the promised performance. This is the usual monetary substitute that specific performance displaces when inadequate.
Court of Chancery: The English court that administered equity before its jurisdiction merged with the common-law courts. Specific performance developed as relief available through the historic equitable jurisdiction of Chancery.
Contractual discretion: Authority a contract grants a party to choose among permitted actions or exercise judgment. Courts must distinguish enforceable commitments from discretionary language too indefinite to compel.
Adequacy of damages: The legal question of whether monetary relief sufficiently compensates for a breach or injury. Courts commonly ask whether damages can adequately replace the promised performance.
Unique goods: Goods whose distinctive qualities make equivalent replacements unavailable in the relevant market. A court may order delivery when the contracted goods cannot readily be replaced.
Restitution: A remedy requiring a party to return a benefit unjustly retained. Restitution reverses a transfer rather than compelling the promised contractual performance.
Equity: A body of legal principles and remedies developed to address limits in common-law relief. The remedy’s discretionary character reflects equity’s historical role in supplementing damages.
Supervision of performance: The practical burden of monitoring and enforcing a court order requiring ongoing conduct. Extensive supervision can make specific performance impractical even when a breach is established.

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