Specific Performance

Question 1

In order for a plaintiff to receive specific performance under a contract the following elements have to be met:

Answer 1

(1) there must be a valid contract,
(2) the plaintiff must have performed or be ready to perform any required performance under the contract,
(3) the remedy at law must be inadequate,
(4) the subject matter of the contract is unique or irreplaceable, AND
(5) there must be no valid defenses to enforcement of the contract of specific performance

Question 2

To form a ______ _______, there must be (1) an offer, (2) an acceptance, AND (3) consideration

Answer 2

What is a valid contract?

Question 3

The court does not grant this remedy often unless it real estate (contracts) or the item is unique or custom made (sale of goods).

Answer 3

What is specific performance

Question 4

Explain the defense “Unclean Hands”

Answer 4

Unclean hands applies when the plaintiff has acted unlawfully or in bad faith in retaliation to the same contract.