specific performance
specific performance see performance

Merriam-Webster’s Dictionary of Law. . 1996.

specific performance
n.
An equitable remedy in a case of breach of contract, in which the breaching party is required to perform the obligation under the contract. See also bequest, intent

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


specific performance
an equitable remedy for breach of contract where damages are felt to be an inadequate remedy. It is available in respect of all contracts except positive contracts of a personal nature (e.g. to give a theatrical performance in a theatre). It is most often encountered in the context of contracts for the sale and purchase of land. In any action for a breach of contract to deliver specific goods or ascertained goods (specific goods/ascertained goods), the court may, if it thinks fit, direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. Further, it is expressly stated that the provisions of the section are supplementary to, and not in derogation of, the right of specific implement in Scotland.

Collins dictionary of law. . 2001.


specific performance
A contract remedy provided by a court that orders the losing side to perform its part of an agreement rather than, or possibly in addition to, paying money damages to the winner. Generally required in cases of unique goods, for example artwork or antiques.
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Nolo’s Plain-English Law Dictionary. . 2009.

specific performance
An equitable remedy available for breach of contract. A decree by the court to compel a party to perform its contractual obligations. In the High Court, it may be granted in addition to or instead of damages. Unlike damages which are available as of right, specific performance is granted at the court's discretion.
+ specific performance
USA
An equitable remedy to compel a party to perform the specific terms of a contractual provision, rather than simply pay monetary damages as compensation for a breach. Specific performance is usually reserved for situations when the loss resulting from the breach is difficult to quantify in dollar terms, such as the breach of a non-compete provision or non-solicit provision (See non-solicitation) in an acquisition agreement, or the breach of a confidentiality agreement.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


specific performance
An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties.

Dictionary from West's Encyclopedia of American Law. 2005.


specific performance
I
An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties.
II A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

specific performance
n.
   the right of a party to a contract to demand that the defendant (the party who it is claimed breached the contract) be ordered in the judgment to perform the contract. Specific performance may be ordered instead of (or in addition to) a judgment for money if the contract can still be performed and money cannot sufficiently reward the plaintiff. Example: when a defendant was to deliver some unique item such as an art- work and did not, a judge may order the defendant to actually deliver the artwork.
   See also: contract, prayer

Law dictionary. . 2013.

Look at other dictionaries:

  • Specific performance — is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive… …   Wikipedia

  • specific performance — ➔ performance * * * specific performance UK US noun [U] LAW ► an order given by a court stating that a contract for work must be carried out exactly as it was written, rather than someone receiving money instead: »An order for specific… …   Financial and business terms

  • Specific performance — specific spe*cif ic (sp[ e]*s[i^]f [i^]k), a. [F. sp[ e]cifique, or NL. spesificus; L. species a particular sort or kind + facere to make. Cf. {specify}.] 1. Of or pertaining to a species; characterizing or constituting a species; possessing the… …   The Collaborative International Dictionary of English

  • specific performance — n. Law the exact performance of a contract or an order compelling it …   English World dictionary

  • specific performance — noun Date: 1750 1. the performance of a legal contract strictly or substantially according to its terms 2. an equitable remedy enjoining specific performance …   New Collegiate Dictionary

  • specific performance —    The right of a party to a contract to demand that a breaching party be ordered in a lawsuit judgment to perform the contract. Specific performance may be ordered instead of (or in addition to) a money payment if the contract can still be… …   Business law dictionary

  • specific performance — noun the performance of a legal contract as specified by its terms • Hypernyms: ↑performance, ↑execution, ↑carrying out, ↑carrying into action …   Useful english dictionary

  • specific performance — noun Law the performance of a contractual duty, as ordered in cases where damages would not be adequate remedy …   English new terms dictionary

  • specific performance — The actual accomplishment of a contract by the party bound to fulfill it. Guadulupe County Board of Education v O Bannon, 26 NM 606, 195 P 801. The remedy by which a party to a contract is compelled to do precisely what he ought to have done… …   Ballentine's law dictionary

  • specific performance — Law. (esp. in the sale of land) literal compliance with one s contractual promises pursuant to a judicial mandate. [1870 75] * * * …   Universalium

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