Contract Law – what is a order of specific performance?

Question by craigboi: Contract Law – what is a order of specific performance?
what is it and in what circumstance can it be used

Best answer:

Answer by Mr Placid
It is a breach of contract remedy in which the aggrieved party is entitled to the other party’s actual performance of the terms of the contract.

Example: You and I have a contract, where I agree to buy your house for $ 200K. On date of closing, I have the $ 200K ready to go, but you decide you don’t want to sell to me, and want to sell to your nephew instead. Specific Performance would be the court ordering you to sign a deed conveying the property to me.

Specific Performance is not the preferred contract remedy, and courts rarely order specific performance except in unique circumstances. The sale of property is one example. But to give another example, let’s say Joe Jock makes a contract to play for the Raiders football team for three years. After one year, Jock gets bored with football and tells teh team he is not going to play anymore. That is breach of contract. Specific performance would be a court ordering Joe Jock to play football for the Raiders, whether he likes it or not. But a court will not order that, because that would be the equivalent of involuntary servitude. Instead, the court may order Jock to not play for any other teams, and perhaps forfeit some of his compensation from the Raiders.

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