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SPECIFIC PERFORMANCE , an equitable See also: doctrine under which a See also: court of See also: equity, in certain exceptional cases where the normal legal remedy, i.e. damages, would not be a sufficient compensation, orders from a defaulting party a specific or actual performance of the thing which he had contracted to do
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The courts See also: act on their own discretion in affording or refusing the See also: relief of specific performance, and as a general See also: rule will refuse that relief where the See also: common See also: law remedy is adequate, where the court would be unable to superintend or enforce the execution of its See also: judgment, where the See also: plaintiff has himself acted inequitably, or where the enforcement of specific performance would be unreasonable
.
Specific performance is usually See also: con-fined to executory agreements, such as a See also: conveyance or a lease of See also: land; it is not usually enforced in the cases of See also: personal acts or in those of contracts for personal service
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In the See also: case of a contract for the sale of a See also: chattel the courts will only See also: order specific performance when the chattel is of See also: peculiar value to the purchaser and cannot be obtained elsewhere
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The courts are guided considerably by precedent, and it is only by reference to a See also: standard textbook that details can be obtained of the conditions and restrictions which hedge the jurisdiction of the courts
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In Scots law specific performance, or " implement," is See also: part of the ordinary jurisdiction of the courts
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See Fry on Specific Performance; Ency
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See also: English Law, tit
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" Specific Performance "; and See also: Story, Equity See also: Jurisprudence
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