Remedy of Specific Performance upon Breach of Contract

When entering into a contract, both parties are expected to fulfill their obligations as agreed upon. However, there are times when one party fails to meet their end of the bargain. This is where the remedy of specific performance upon breach of contract comes into play.

Specific performance is a legal remedy in which a court orders the breaching party to fulfill their contractual obligations. This remedy is typically used in cases where monetary damages would not adequately compensate the non-breaching party.

In order for a court to grant specific performance, several conditions must be met:

1. The contract must be valid and enforceable.

2. The non-breaching party must have performed their end of the bargain.

3. The legal remedy of specific performance must be warranted in the particular case.

4. The order of specific performance must be feasible and enforceable.

One of the most common examples of specific performance is in real estate contracts. If a seller breaches the contract by refusing to sell their property to the buyer, the court may order the seller to transfer the property to the buyer as agreed upon in the contract.

Another example is in employment contracts. If a company breaches their contract by failing to pay an employee as agreed upon, the court may order the company to pay the employee the amount owed.

It is important to note that specific performance is not always granted by the court. There are some situations where the remedy may not be appropriate. For example, if the performance required by the contract is extremely burdensome or impossible to perform, the court may not grant specific performance.

In conclusion, the remedy of specific performance upon breach of contract is a powerful legal tool for ensuring that contractual obligations are fulfilled. It allows the non-breaching party to obtain the performance they were promised, rather than being limited to monetary damages. However, it is important to consult with a qualified attorney to determine whether specific performance is an appropriate remedy in your particular situation.