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Civil Causes of Action - Specific Performance

Understanding Civil Causes of Action - Specific Performance: A Legal Guide

Q: When can I request specific performance?

You can request specific performance when a contract has been breached, and monetary damages are inadequate to remedy the situation.

Q: Is specific performance always granted?

No, specific performance is not guaranteed and is granted based on the circumstances of the case.

Q: What types of contracts are eligible for specific performance?

Specific performance is often applicable to contracts involving unique items, such as real estate or rare goods.

Q: Can I handle a specific performance case on my own?

While it is possible to represent yourself, it is advisable to seek legal assistance due to the complexities involved.

Definition & Meaning

Specific performance is a legal remedy in contract law where a court orders a party to fulfill their obligations under a contract. This action is typically pursued when one party claims that the other has breached the contract, meaning they did not comply with the agreed terms. Specific performance is often sought in cases involving unique items, such as real estate or rare goods, where monetary damages would not adequately compensate the injured party.

Table of content

Legal Use & context

Specific performance is primarily used in civil law, particularly in contract disputes. It is relevant in various legal areas, including real estate, commercial contracts, and personal property agreements. Individuals may use legal templates from US Legal Forms to draft specific performance actions, enabling them to represent themselves effectively in court. However, due to the complexities involved, seeking professional legal assistance is often advisable.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A buyer enters into a contract to purchase a unique piece of artwork. If the seller refuses to deliver the artwork, the buyer may seek specific performance to compel the seller to complete the sale.

Example 2: A homeowner contracts with a builder to construct a custom home. If the builder fails to start the project as agreed, the homeowner can request specific performance to ensure the builder fulfills their contractual obligations. (hypothetical example)

State-by-state differences

State	Specific Performance Considerations
California	Generally favors specific performance in real estate contracts.
New York	Allows for specific performance but considers the feasibility of enforcement.
Texas	Specific performance is available for real estate but not for personal service contracts.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Common misunderstandings

What to do if this term applies to you

If you believe you need to pursue specific performance, consider the following steps:

Review your contract to confirm its validity and terms.
Document any evidence of the breach.
Consult a legal professional to discuss your options and the likelihood of success.
Explore US Legal Forms for templates that can help you draft your legal documents.

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Quick facts

Attribute	Details
Typical Fees	Varies by attorney and complexity of the case.
Jurisdiction	State courts, depending on the contract's location.
Possible Penalties	Failure to comply with a court order can result in contempt of court.

Key takeaways

Frequently asked questions

What is specific performance?

Specific performance is a court-ordered remedy that requires a party to fulfill their obligations under a contract.