(3) the infringing party may perform the contract but has not done so; and specific benefits are generally granted when money cannot adequately compensate the injured party and where the contractual obligation is unique or difficult to assess. Thus, if the buyer purchases a single item from the seller and the seller suffers violations, a certain service is provided and the seller must manufacture the item that the buyer purchased. For example, the specific service is an alternative equitable remedy to a means of default. Therefore, the indication of a plea in the context of an action in favour of a given service requires two types of allegations: those which give rise to recovery for failure to fulfil obligations and those which are essential for the granting of the appropriate remedy for a given service. At common law, a plaintiff`s rights were limited to the award of damages. Later, the Court of Equity instead developed the remedy for concrete enforcement if the damage proved insufficient. A particular service is often provided through the use of a property right, which gives the applicant the right to take possession of the property in question. [Citation needed] This blog is provided by Romano Law PLLC for general information and educational purposes only, and not to provide specific legal advice. By using this blog, you understand that there is no legal relationship between you and Romano Law PLLC or any individual contributor. You should consult a licensed professional lawyer for individual advice regarding your own situation. Real estate contracts are one of the most common areas for specific services.
Every piece of land and building is unique and buyers will want exactly what they paid for. Therefore, the financial compensation will not completely remedy the situation, as will the specific benefit. If someone commits a breach of contract when buying or selling the home of your dreams, it would be wise to look for a specific performance medium that would require the offending party to close the sale. All the rights specific to the services granted by the courts have one thing in common, namely the uniqueness of the goods sold. That`s why specific performance is so popular in real estate. Courts are often willing to reward a particular performance in real estate contracts because it is impossible to find identical plots of land and houses that will put the plaintiff in the situation he would find himself in if the contract had been fulfilled. Since, to the extent possible, financial damages are awarded, it is also crucial that the claimant demonstrates that the uniqueness of the asset in question requires specific performance and that financial damages would not be sufficient. The goods that the courts have found to support a particular service include works of art, custom items, and goods that are extremely rare. The specific service is a kind of fair remedy available in case of acts contrary to the contract. This is a remedy based on the concept of fairness. Specific Performance recognizes that money may not adequately compensate the non-offending party in certain situations.
If necessary, the court will ask the infringing party to fulfill its obligations under the terms of the contract, such as.B. delivery of the goods or services promised in the contract. Concrete performance is an alternative to claiming damages to compensate for the loss of the benefit of a contract. Damage is a kind of remedy with its own requirements. Traditionally, equity only ensured a certain performance compared to contracts for movable property when the goods have a unique character, such as art, collectibles, etc. The reason for this was that, in the case of questionable goods, the injured party had a reasonable claim for damages for the failure of the other party to perform. A particular benefit may be granted by a court only in the exercise of its fair trial powers, after determining whether there is a valid contract that can be performed, and after an assessment of the appeal sought. As a general rule, a certain advantage is applied in the case of acts contrary to the contract where the financial compensation is insufficient, in particular if the contract concerns a single immovable property or movable property (PERSONAL PROPERTY). Compensation for the breach of a contract for the sale of ordinary personal property is in most cases easily identifiable and refundable, so a certain service is not granted. Specific performance grants the plaintiff what he has actually agreed in the contract and not damages (financial compensation for loss or injury caused by the unlawful conduct of others) because he has not received it; therefore, the specific service is fair rather than a remedy. By forcing the parties to do exactly what they have agreed, more complete and perfect justice is achieved than by awarding damages for breach of contract. The term replevin – commonly referred to as „claim and delivery“ – refers to a lawsuit that requires that beneficial ownership (not its monetary value) be transferred to the plaintiff in a lawsuit.
It is similar to specific performance and is often used as a synonym in laws. For example, the UCC states that a buyer „has the right to bottle the goods identified in the contract if, after reasonable effort, it is unable to provide coverage for those goods, or if the circumstances reasonably indicate that such an effort will be unsuccessful.“ An exceptional equitable remedy that obliges a party to perform a contract in accordance with strictly agreed terms or to perform it substantially, so that, in the circumstances, there is justice between the parties. .