Remedies

Question 1

Specific performance is:

Answer 1

A contractual remedy by which a party to a contract is compelled by court order to render the promised performance or a substitute. Generally, it is not available unless there has been a breach of contract by nonperformance or repudiation.

Question 2

For a court to grant a plaintiff’s request for specific performance, the following requirements must be met:

Answer 2

(i) there must be a contract; (ii) the contract terms must be sufficiently certain to provide a basis for the court order; (iii) the conditions required for the defendant’s performance must be satisfied; (iv) damages must be inadequate to protect the plaintiff’s expectation interest; (v) relief must be equitable; and (vi) enforcement must be feasible.