Specific performance is a discretionary remedy available in a number of jurisdictions whereby a defaulting party to a contract is required to perform its obligations under the contract. Specific performance can be granted instead of, or in addition to, compensation by way of damages that would apply in the circumstances.
Ordinarily, courts grant the remedy of specific performance when an award of damages would be insufficient to adequately compensate a party, such as in the case of breaches of:
- sale of land contract in which the non-defaulting party wishes title to the relevant land to be transferred; or
- contracts involving a particular expertise or subject matter that cannot be sourced elsewhere, such as the use of specialised proprietary materials.
The discretionary nature of this remedy means that a party seeking it must meet specific requirements that apply to this remedy.
Rowe Bristol Lawyers has extensive experience in advising clients as to disputes in which specific performance is sought, including:
- assessing the claim and determining whether damages would be insufficient in the circumstances;
- advising with respect to the prospects of being granted specific performance in light of the parties’ conduct and the circumstances of the matter;
- considering jurisdictional issues with respect to seeking specific performance; and
- representing the client in legal proceedings seeking specific performance.
If you require legal advice in relation to specific performance or damages claims, please contact us to arrange a meeting so that we may consider your specific circumstances.
The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.