Specific performance

/spəˈsɪfɪk pərˈfɔrməns/ noun phrase

Definition

An equitable remedy that compels a party to fulfill their exact contractual obligations rather than paying monetary damages. Courts grant this only when money damages would be inadequate, typically for unique items like real estate.

Etymology

From Latin 'specificus' (of a particular kind) and Old French 'performance' (accomplishment). This equitable remedy developed in English Chancery courts to address situations where common law damages were insufficient to make the injured party whole.

Kelly Says

Specific performance is the legal equivalent of 'I don't want your money, I want exactly what you promised!' Courts are reluctant to grant it because they don't want to become contract enforcement police, but they'll do it for truly unique things - like that one-of-a-kind painting or your dream house that can't be replaced with cash.

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