Specific Performance

Question 1

Specific Performance - Equitable Remedy

Answer 1

Mandatory decree that orders a K party to perform that which he has promised to perform. There must be valid K and K must have 1)definite and certain terms, 2) a legal remedy is inadequate, 3) feasibility of enforcement, 4) satisfaction of P’s performance (my job is done), and 5) no equitable defenses that bar relief.

Question 2

Inadequacy of Legal Remedies

Answer 2

Money damages MUST be inadequate for the court to order SP. Here,

Question 3

Definite and Certain Terms

Answer 3

Terms are definite and certain if the K clearly sets forth what each party is required to do. Here,

Question 4

Feasibility of Enforcement

Answer 4

In order to grant SP, the court must be able to enforce the K and supervise problems that may arise. This is made more difficult when the defendants, land, or chattels are outside the court’s territorial jurisdiction. Here,

Question 5

Satisfaction of P’s Performance

Answer 5

A P will not be able to obtain SP unless she has fulfilled ALL of her conditions under the K, is ready and able to perform, or is excused from performing. Here,

Question 6

Defenses to Performance

Answer 6

D may assert the following defenses 1) Unclean Hands 2) Misrepresentation, and 3) equitable conversion

Question 7

Laches

Answer 7

Laches refers to the P sitting on his rights. If the P’s inaction encouraged or allowed the D to act to his detriment, then the courts will not require SP. Here,

Question 8

Unclean Hands

Answer 8

A P who is guilty of misconduct concerning the transaction will be barred from obtaining SP.

Question 9

Misrepresentation

Answer 9

A person cannot be compelled to perform if his agreements were obtained by fraudulent misrepresentation, concealment, or unfair practices. Such contracts are deemed voidable. Here,

Question 10

Equitable Conversion

Answer 10

The sale of property to a BFP cuts off the P’s right to specific performance. Here,

Question 11

Freedom of Speech

Answer 11

SP will not be required if the D is exercising his right to free speech or the performance would be characterized as a “prior restraint” Here,

Question 12

Hardship

Answer 12

In a suit to specifically enforce a K, a court of equity may refuse to enforce a K in which there is inadequate consideration and there are onerous terms. Here,