Contract Glossary
Specific Performance
Definition
A court order requiring a party to fulfill their exact contractual obligations — not just pay damages. Courts reserve it for situations where money can't adequately substitute for what was promised, like a one-of-a-kind property or irreplaceable goods.
In Practice
If you signed a contract to buy a historic building and the seller backs out, money damages won't get you that building — there's only one of it. A court can order specific performance, forcing the seller to go through with the sale. This remedy is standard in real estate but rare in service contracts — courts generally won't force someone to perform personal services.
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Frequently asked questions about specific performance
When monetary damages are inadequate — typically because the subject matter is unique. Real estate (every parcel is unique), rare artwork, custom goods, and one-of-a-kind business interests are common examples. Courts ask: can money buy a reasonable substitute? If yes, you get damages. If no, you might get specific performance.
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.