Online Encyclopedia

SPECIFIC PERFORMANCE

Online Encyclopedia
Originally appearing in Volume V25, Page 617 of the 1911 Encyclopedia Britannica.
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SPECIFIC PERFORMANCE  , an equitable

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

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