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Specific Performance
Specific Performance is one of the requirements under contract, stating that one party must do something for another in return for monetary reward. In the law of remedies, an order of specific performance is an order of the court which requires a party to perform a specific act.
 
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.
 

There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:

  1. specific performance would cause severe hardship to the defendant
  2. the contract was unconscionable
  3. the claimant has misbehaved (no clean hands)
  4. specific performance is impossible
  5. performance consists of a personal service
  6. the contract is too vague
  7. contracts terminable at will
  8. contracts requiring constant supervision
  9. contract lacking mutuality.
  10. contract made for no consideration.
See Also
Contract
 
     
 
Form Object
 
     
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