Specific Performance: Effective Remedies for Breach of Contract

Imagine this scenario: You’ve entered into a contract with another party, but they have failed to fulfill their obligations as agreed upon. This breach of contract has left you in a difficult position, and you’re now looking for a solution to resolve the situation and enforce the terms of the contract. In such cases, one possible remedy that you can seek is specific performance.

Specific performance is a legal remedy available to claimants who have suffered a breach of contract. It allows the courts to order the breaching party to perform their contractual obligations as originally agreed. This remedy is considered an equitable remedy, meaning that it is usually available in situations where monetary damages would not be sufficient to compensate the injured party adequately.

Let’s take a closer look at the concept of specific performance and how it can be an effective remedy for breach of contract cases.

What is Specific Performance?

Specific performance is a remedy that requires the party in breach of the contract to fulfill their obligations exactly as specified in the contract. In other words, they must perform the specific actions or deliver the specific goods or services agreed upon in the original contract. This remedy is commonly used in contracts involving the sale of unique items, such as real estate or artwork, where monetary compensation would not be enough to make the injured party whole.

To request specific performance, you, as the injured party, must demonstrate to the court that the remedy of monetary damages would not adequately compensate you. You need to show that the subject matter of the contract is sufficiently unique, and that it would be extremely difficult or impossible to find a suitable substitute.

When is Specific Performance Available?

Not all breaches of contract will warrant specific performance as a remedy. Courts will generally consider several factors to determine whether specific performance is appropriate, including:

1. Uniqueness of the subject matter: If the subject matter of the contract is unique or rare, specific performance may be more likely to be granted. For example, if you have contracted to purchase a one-of-a-kind piece of artwork, the courts may be more inclined to order specific performance.

2. Feasibility: The courts will consider whether specific performance is feasible or practical in the given circumstances. If it is impossible for the breaching party to perform their obligations, specific performance may not be granted.

3. Availability of alternative remedies: Specific performance is considered an exceptional remedy, and courts will only grant it if other remedies, such as monetary damages, are insufficient. You must demonstrate that monetary compensation would not adequately remedy the harm caused by the breach.

Benefits of Seeking Specific Performance

Seeking specific performance as a remedy for breach of contract offers several benefits, including:

1. Enforcing the original agreement: Specific performance ensures that the breaching party is held accountable for their actions and must follow through on their original obligations. This can be crucial in cases where monetary compensation would not adequately rectify the breach.

2. Preserving your rights and interests: With specific performance, you can protect your rights and interests by ensuring that the terms of the contract are honored. This can be especially important in cases where the subject matter is unique or where finding a suitable substitute would be especially challenging.

3. Saving time and resources: With specific performance, you can avoid the lengthy and costly process of seeking monetary damages. Instead, the court can order the breaching party to perform, saving you time, effort, and potentially reducing legal expenses.

In conclusion, specific performance can be an effective remedy for breach of contract cases, especially when the subject matter is unique and monetary damages would not adequately compensate the injured party. By seeking specific performance, you can enforce the original agreement and protect your rights and interests.

At SQE Contract Law, we understand the intricacies of specific performance and other remedies for breach of contract cases. If you need assistance in understanding your legal options or require professional representation, contact us today.