Specific Performance
An equitable remedy in which a court orders a breaching party to fulfill their contractual obligations rather than pay monetary damages.
What Is Specific Performance?
Specific performance is a court-ordered remedy compelling a party to do what they promised under a contract, rather than simply paying damages for the breach. Because money is generally the preferred remedy at law, specific performance is reserved for cases where damages cannot adequately compensate the non-breaching party.
When Courts Grant Specific Performance
- The subject matter is unique (real estate, rare goods, custom artwork) - Monetary damages are inadequate to compensate the injured party - The contract terms are clear, definite, and certain - Performance is feasible and the court can supervise compliance - The party seeking the remedy has clean hands and acted in good faith
Limitations
Courts will not order specific performance of personal-service contracts, as compelling someone to perform personal labor raises constitutional and practical concerns. Contracts for the sale of standardized goods rarely qualify because substitutes are available. The remedy is discretionary, and a court may refuse if enforcement would be unfair, would require ongoing judicial supervision, or would harm third parties. Real estate sales are the most common context for specific performance because every parcel of land is considered unique.