What does specific performance mean?
Definitions for specific performance
spe·cif·ic per·for·mance
This dictionary definitions page includes all the possible meanings, example usage and translations of the word specific performance.
Princeton's WordNet
specific performancenoun
the performance of a legal contract as specified by its terms
Wikipedia
Specific performance
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used form of specific performance. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a similar effect to specific performance and these kinds of distinctions are often difficult to apply in practice or even illusory. At common law, a claimant's rights were limited to an award of damages. Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute.As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on its appropriateness in the circumstances. Such orders are granted when damages are not an adequate remedy and in some specific cases such as land (which is regarded as unique).
ChatGPT
specific performance
Specific performance is a legal remedy used in civil courts, typically in breach of contract cases, where the court orders the party that breached the contract to fulfill the exact terms of the agreement, rather than simply paying monetary damages. It is usually awarded when monetary compensation is not sufficient or appropriate to rectify the breach. This remedy is often used in situations involving unique or rare items or real estate properties, where the item or property cannot be easily replaced.
Wikidata
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction but there are mandatory injunctions which have a similar effect to specific performance. Under the common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. However, the court of equity developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. However, in the case of personal performance contracts, it may also be ensured through the threat of proceedings for contempt of court.
Matched Categories
Numerology
Chaldean Numerology
The numerical value of specific performance in Chaldean Numerology is: 1
Pythagorean Numerology
The numerical value of specific performance in Pythagorean Numerology is: 4
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"specific performance." Definitions.net. STANDS4 LLC, 2024. Web. 19 Apr. 2024. <https://www.definitions.net/definition/specific+performance>.
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