Requirements for Specific Performance

Question 1

To Obtain Specific Performance Must Show:

Answer 1

1. Existence of a K
2. The fulfillment of any conditions precedent by party seeking enforcement
3. Mutuality of Remedy
   a. Both parties capable of performance, and
   b. The P’s counterperformance can be secured

Question 2

Certainty of K for SP

Answer 2

1. Identity of Parties
2. Consideration
3. The time and maner of payment
4. The subject matter of the K

Question 3

Enforcing Specific Performance in Land Contracts

Answer 3

1. Buyer present and property are present: Equity will grant enforcement by decree
2. Only buyer and seller are present (not property): Judge may order them to specifically perform OR go to jail
3. Only seller and property are present: Equity probably won’t grant relief b/c there’s nobody there to pay