On which grounds the court will refuse an order of specific performance?
Asked by: Ethan Boehm | Last update: May 18, 2025Score: 4.7/5 (40 votes)
The following are a few circumstances in which the court would not apply specific performance. Specific performance would cause harm to the defendant. The initial contract lacks mutuality and fairness for both parties. The contract required too much supervision to be reasonably enforced.
In which of the following situations will a court not grant specific performance?
Exceptional circumstances
An order of specific performance is generally not granted if any of the following is true: Specific performance would cause severe hardship to the defendant. The contract was unconscionable. Money damages are an adequate remedy.
What is an example of a situation where a court would not order specific performance?
Adequate remedy at law: If monetary damages would adequately compensate the injured party, the court may refuse to grant specific performance. Mutual mistake: If both parties were mistaken about a material fact at the time of the contract's formation, the court might refuse to grant specific performance.
What are the requirements for specific performance?
Requirements for Specific Performance: Courts will enforce specific performance only if the underlying contract was “fair and equitable.” It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.
Why is specific performance rarely granted?
In the U.S., specific performance is rarely granted for personal service contracts due to the Thirteenth Amendment, which prohibits involuntary servitude. However, for unique goods or real estate, courts are more open to this remedy.
What Does Specific Performance Mean?
Who cannot obtain specific performance?
Specific performance of a contract cannot be enforced in favour of a person: (a) who has obtained substituted performance of contract under section 20 or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract ...
What must a party show to win a substantial performance lawsuit?
Final answer: To win a substantial performance lawsuit, a party must show that there were no deviations from the contractual requirements and that they acted in good faith.
What are the defenses for specific performance?
Promisors can raise a number of defenses against specific per- formance that are not available against a damages award: inadequacy of consideration;8 lack of security for the promisee's performance;9 the promisor's unilateral mistake;10 and the difficulty a court would have in supervising a specific performance decree.
What is a prayer for relief specific performance?
Depending on the jurisdiction and type of contract at issue, pleading requirements for specific performance will vary. In many jurisdictions, specific performance can be affirmatively pled in the “Prayer for Relief” at the end of the complaint.
Under which circumstances would a court entertain the idea of ordering specific performance?
This remedy is often applied when monetary damages are inadequate to fix the harm caused by the breach ; most commonly in cases involving real property and rare chattels .
How to defeat specific performance?
The only way to defend a specific performance lawsuit is to show that the party seeking performance has not met the requirements for specific performance, that there was a breach or fraud by the party seeking specific performance, or that specific performance is not the adequate remedy.
Who is more likely to win a suit for specific performance?
Final answer: Any party to a contract can win a suit for specific performance. However, in the context of real estate transactions, a buyer is often more likely to win this type of suit, as monetary damages may not fully compensate the loss of a specific property.
When can you sue for specific performance?
Nearly all states have adopted the UCC, which addresses specific performance. For example, California law states that specific performance may be compelled if: Specific performance of a contract is an appropriate remedy; and. The other side has substantially performed its obligations, or future performance is assured.
What is an example of sue for specific performance?
For example, a contract for the sale of a specific piece of property, from which the owner pulls out, may result in a specific performance order requiring the seller to complete the sale to put the buyer in the position they would have enjoyed if the contract had been honored in the first place.
What are compensatory damages in law?
In tort law , compensatory damages, also known as actual damages , are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages .
What is economic duress?
In contract law, economic duress also called business compulsion, refers to one party 's improper or illegal conduct that causes the other party's fear of economic hardship and the fear prevents the party from engaging in a commercial agreement with free will.
What is a powerful prayer for protection and blessings?
God of peace, come and crush the enemy underneath my feet. I run to Your feet for protection as You are my shepherd. You are faithful to watch over me, and You care for me. May Your grace be with me, LORD Jesus, keeping me near Your heart, where I will never be shaken but secured now and always.
What is demand for relief?
Definition. A request for relief is a formal demand made by a party in a legal proceeding, seeking specific remedies or outcomes from the court. This request is typically included within the pleadings, outlining what the party wishes to achieve, such as monetary compensation, injunctive relief, or declaratory judgment.
What is a prayer for relief in court?
The prayer for relief is the part of complaint where a plaintiff states the damages or other remedies it is seeking from the court in a lawsuit . Federal Rules of Civil Procedure 8(a)(3) requires that a plaintiff's pleadings contains a prayer for relief.
What is the burden of proof for specific performance?
Civ. Code, § 3387.) So, the burden shifts to the party defending against specific performance to demonstrate that monetary damages would be an adequate remedy. A party can overcome this presumption by demonstrating that the party seeking specific performance intended to sell the property rather than occupy it.
What are the examples of specific defenses?
There are two types of specific defense. These include cell-mediated immunity and antibody-mediated immunity. Cell-mediated immunity occurs when T-lymphocytes (T-cells) become activated by exposure to pathogens. Activated T-cells then attack pathogens directly.
What are the two potential defenses to attempt?
Aside from failure of proof defenses to attempt act and intent, two potential defenses to attempt are legal impossibility and voluntary abandonment.
What do you have to prove to win a lawsuit?
You need to make a compelling legal argument, citing to statutes, past court decisions and other laws and regulations. You need to show how and why the defendant breached a legal duty or failed to fulfill a legal obligation and you need to show the consequences of the failure.
What do you hope to achieve by suing for specific performance?
Specific performance is a common remedy for a failed purchase and sale of real property. By initiating a specific performance cause of action, the buyer or seller of real property asks the court to compel the other party to perform its contractual obligation to either buy or sell the property.
What is required to prove substantial performance?
For a claim of substantial performance to be valid, the work completed must still largely meet the contract's key requirements and intended outcome.