Specific Performance

Specific Performance

An equitable remedy requiring the breaching party to perform as promised under the contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property).

Walgreen Co. v. Sara Creek Property Co.

Permanent injunction is appropriate if the plaintiff shows damages are inadequate based on balancing the costs and benefits of any alternatives.

injunctive relief

a court order to refrain from performing a particular act

Campbell v. Wentz

(Co. like a specific carrots that retain color for long periods of time): Specific performance may be awarded for the sale of chattels when a legal remedy would be inadequate. - Contract for pruchase of output, capped at $30/ton - At harvest time, price is $90/ton - Contracts has provision if campbell rejects carrots they can't sell to anybody else. -Court declines to enforce, because bargain was too hard a bargain to entitle relief in court of conscience.

Court Can Enforce

--Not burdensome or costly on court to enforce specific performance --Court can easily enforce

Damages must be inadequate

--Sentimental value --Uncertain or unpredictable value --Or can't determine how much money would fix --Goods/services were unique --Difficult to procure substitute performance --No adequate replacement --Likely to not collect damages

Definite Terms

--Terms must be certain to provide for specific performance --Need to know details of what specific performance would be

Requirements

1. Damages must be inadequate 2. Definite terms 3. Court can enforce