A specific Performance of the contract.?

Question by Kris: A specific Performance of the contract.?
You and Percy made a contract that Percry is going to sell you his gazebo. He stated in the contract that he would move and install the gazebo into your yard since he was in the gazebo building and installing business. But since his business went bankrupt he no longer wants to abide by the contact. You are filing suit with percy asking for specific performance of the contact. Darby admits to breaking the contract.

Tell me why the specific perfomance is the appropiate remedy..

Help please!

Best answer:

Answer by Justino S
Because an offer and agreement was produced and all parties accepted the contract, a legally binding contract had been established: you agreed to exchange money for Percy’s gazebo, movement of gazebo, and installation of gazebo and Percy agreed to sell, move, and install the gazebo for you in exchange for your money. Now, unless both parties agree to void the contract, both MUST follow through on their terms, otherwise, a civil cause of action can be served to the party who refused to hold their end of the contract. In this case, regardless of Percy’s financial state, he is legally obliged to sell you the gazebo as well as move and install it in your yard. If he refuses, the court will recognize that he has breached the contractual agreement and grant an injunction, or demand the specific performance of the contractual terms he refused to perform. Thus, the court will demand that he sell you the gazebo, move it into your yard, and finally install it. Because he agreed to perform an action such as moving and installing the gazebo, specific performance is necessary for the terms of the contract to be completed and a civil court will recognize that.

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