Contracts/Specific performance

In the law of Remedies, Specific Performance is a demand of the party to perform a specific act. While Specific performance can be in the form of any type of forced action, it is usually is used to complete a previously established transaction.

In practice, Specific performance is most often used as a remedy in transactions regarding land, such as in the sale of land. As well, it is also seen in transactions regarding chattels of unique value, such as art, heirlooms, and other unique items.

However, the limits of Specific performance are narrow. The courts rarely allow specific performance to be used in the sale of goods. Usually damages equal to the value of the goods are awarded instead. Moreover, performance that is based on the personal judgment or abilities of the party on which the demands are made is rarely ordered by the court. The reason behind it is that the forced party will often perform below their regular standard when it is in their ability to do so. Monetary damages are usually given instead.