Question 1

When do courts order specific performance?

Accepted Answer

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.

Question 2

Can a court force someone to work for me?

Accepted Answer

Almost never. Courts rarely order specific performance of personal service contracts — it raises 13th Amendment concerns (involuntary servitude) and practical enforcement issues. Instead, courts use negative injunctions: they can't force a singer to perform for you, but they can prevent them from performing for anyone else during the contract term.

Question 3

Is specific performance available for breach of contract?

Accepted Answer

Yes, but only as an alternative to damages when damages are inadequate. You need to show: (1) a valid, enforceable contract, (2) you've performed or are ready to perform your obligations, (3) the other party breached, and (4) money damages won't make you whole. It's an equitable remedy, so the court has discretion.

Question 4

What happens if someone ignores a specific performance order?

Accepted Answer

They're in contempt of court. The court can impose fines, sanctions, or jail time until they comply. In real estate cases, courts can also appoint someone to sign the deed on the defaulting party's behalf, transferring the property regardless.

Question 5

Can my contract guarantee specific performance as a remedy?

Accepted Answer

You can include language stating that breach would cause irreparable harm and that specific performance is an appropriate remedy. This doesn't guarantee a court will order it — courts always retain discretion — but it strengthens your case. Including this language also signals to both parties that performance, not just payment, is expected.

Specific Performance

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about specific performance

Create a contract with proper specific performance clauses