What are specific remedies?

Asked by: Karlee Schmidt | Last update: May 19, 2026

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In law, specific remedies, most commonly known as specific performance, are court orders compelling a party to fulfill their exact contractual duty, used when monetary damages aren't sufficient compensation, such as for unique items like real estate or rare art, rather than just paying money for the breach.

What is a specific remedy?

Specific remedies are court orders for a specific performance, like an injunction or restoring an item. Specific remedies are equitable remedies that require showing that no adequate remedy at law exists.

What are some examples of remedies?

Equitable remedies, which may include:

Injunction.
Accounting for profits.
Constructive trust.
Equitable lien.
Subrogation.
Specific performance.
Reformation/rectification.
Equitable rescission.

What is an example of a specific performance remedy?

Also called a remedy, specific performance is enforced by a court or a judge, and requires a party to fulfill their contractual obligations. For example, someone signed a contract with their partner when they bought a dog that if they broke up, they would share custody.

What are the three types of remedies?

There are three type of remedies which the plaintiff (person who brings an action in a court) which are damages, specific performance and injunction. These remedies will be given to the plaintiff according to the losses that he or she had faced.

Contract Remedies 12: Equitable Remedies (Specific Performance and Negative Injunction)

21 related questions found

What are the five remedies?

Five essential legal remedies for contract breaches

Compensatory damages. ...
Liquidated damages. ...
Specific performance. ...
Punitive damages. ...
Nominal damages.

What is considered a remedy?

A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies are designed to address the harm suffered by a party due to the unlawful actions or omissions of another party.

What is an example of specific relief?

For example, if A agrees to lease a property to B for a period of one year, but includes a clause that the lease will be terminated if A decides to sell the property, then the contract is determinable and cannot be specifically enforced.

What are specific remedies to breach of contract?

In short, the potential remedies for a breach of contract claim can include compensatory damages, specific performance, injunction, rescission, liquidated damages, and nominal damages. If someone breaches a contract with you or your company, you deserve justice.

What are different remedies?

In common law jurisdictions, we distinguish between two key categories of remedy: legal remedies such as a monetary award of damages, and equitable remedies, such as specific performance. The appropriate remedy depends on the nature of the wrong, as not all remedies are open in all cases.

What is the most common remedy?

Damages are the most common legal remedy awarded when a contract is breached. They are designed to compensate the non-breaching party for the loss they have suffered due to the breach. In Australia, damages aim to reflect what the injured party would have received had the contract been fully and properly performed.

How much can you win in a discrimination lawsuit?

However, California, New York, and Washington do not follow the same caps under their state anti-discrimination laws. So, an employee suing under state law can receive unlimited compensatory and punitive damages if they have proper evidence.

What do you mean by remedies?

1. : a medicine or treatment that cures or relieves. 2. : something that corrects an evil, rights a wrong, or makes up for a loss. remedy.

What is an example of a remedy?

For example, the plaintiff is injured in an automobile accident, while the court cannot restore health the court can order a losing defendant to give money to the plaintiff in compensation for the injuries suffered. A court can award coercive remedies, such as injunctions or temporary restraining orders.

Is specific performance better than damages?

Specific performance is not an absolute right. It is a discretionary, equitable remedy awarded only in circumstances where damages are inadequate. Judges exercise significant judgment in deciding whether to grant it.

What is a suit for specific performance?

A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.

What are the four remedies?

Remedies are of four kinds: by act of the party injured, by operation of law, by agreements between parties (Mediation; Negotiation), and by judicial remedies.

Can I get out of the contract?

You can get out of a binding contract under certain circumstances. There are seven key ways you can get out of contracts: mutual consent, breach of contract, contract rescission, unconscionability, impossibility of performance, contract expiration, and voiding a contract.

What are the three ways to remedy the breach?

What remedies are available?

Compensatory damages in contract law. An award of compensatory damages is the most common legal remedy for breach of contract. ...
Specific performance as a contract remedy, where you can ask the court to require the breaching party to complete their end of the agreement. ...
Rescission of contract.

What is the Special Remedies Act?

The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877.

What are grounds for rescinding a contract?

In order to maintain a cause of action for rescission in a lawsuit, a party must plead and prove several things:

That the parties had entered into a contract;
The existence of fraud, mutual mistake, false representation, impossibility of performance, or other ground for rescission;

What is the difference between compensatory relief and specific relief?

Compensatory relief involves awarding damages for breach of contract, while specific relief directs a party to fulfill their obligations under a contract.

What are three legal remedies?

There are three main types of legal remedies: damages, equitable remedies, and restitution. Choosing the right legal remedy depends on various factors, including the nature of the breach and the desired outcome. Effective pursuit of legal remedies requires careful planning and documentation.

What are two types of remedies?

Recognize that there are two general categories of remedies: legal and equitable. See that courts do not simply order obligors to keep their promise but instead allow them to breach and the nonbreaching party to have remedies for that breach.

What does remedy mean in law?

A remedy is a legal reparation ordered by a court. In other words, remedies are court orders designed to make amends for something wrong that has happened. A court will give a remedy after it finds there has been a legal wrong committed against a party.