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What is specific performance of contract and under which circumstances specific performance not granted?
Wiki User
∙ 11y ago
Specific performance is when the court orders someone who is in breach of contract to do what they said they would do under the contract. Specific performance is not granted if the contractual breach can be remedied with damages, or if it is a personal service.
Wiki User
∙ 11y ago
Specific performance is a legal remedy where a party is ordered to perform their obligations under a contract as promised. It is typically granted when monetary damages are inadequate to compensate the aggrieved party. Specific performance may not be granted if the subject matter is personal in nature, the terms of the contract are unclear or unreasonable, or if the court deems it impractical to enforce.
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What is the equitable remedy of Specific Performance?
Specific performance is a legal remedy in which a court orders a party to perform a specific act, usually related to a contract. It is typically used when monetary damages are inadequate to fully compensate the injured party, and the subject matter of the contract is unique, such as real estate. This remedy is discretionary and may be granted if the court determines it is appropriate under the circumstances.
Does the right it grants last forever?
Rights granted can have different durations depending on the circumstances and the relevant laws or regulations. It's important to review the specific terms of the right granted to determine its duration.
What is the word meaning someone can't be charged?
The term is "immunity," which refers to a legal protection that prevents an individual from being prosecuted for specific actions or statements. This can be granted by law enforcement or government agencies in certain circumstances.
Is recission a legal or an equitable remedy?
Rescission is considered an equitable remedy. It allows a contract to be cancelled and parties to be restored to their pre-contractual positions. It is typically granted by a court to prevent unjust enrichment or unfair outcomes.
What is a judicial release?
A judicial release refers to a court-ordered decision that allows an individual who has been convicted and sentenced for a crime to be released from custody under specific conditions. This release is typically granted when certain criteria or circumstances warrant a reassessment of the individual's incarceration status.
Can a pregnant 16 year old move in with her boyfriend in the state of Illinois?
No, the age of emancipation in the US is 18 years old. If there are extenuating circumstances, permission would have to be granted by court order.No, the age of emancipation in the US is 18 years old. If there are extenuating circumstances, permission would have to be granted by court order.No, the age of emancipation in the US is 18 years old. If there are extenuating circumstances, permission would have to be granted by court order.No, the age of emancipation in the US is 18 years old. If there are extenuating circumstances, permission would have to be granted by court order.No, the age of emancipation in the US is 18 years old. If there are extenuating circumstances, permission would have to be granted by court order.No, the age of emancipation in the US is 18 years old. If there are extenuating circumstances, permission would have to be granted by court order.
How do I gain custody of a minor from biological parent?
Non-parent custody is granted only under certain circumstances and through specific procedures. The rules vary by state, generally you must follow specific court procedures and provide clear proof that harm will come to the child if the non-parent custody is not granted. It is best to consult an attorney.
Can a stepfather be granted visitation of a step child?
Under determinant circumstances, yes.
Why was MVP released from his WWE contract?
MVP was unhappy with his contract and he asked for his release and was it was granted. It is said that he left on good terms.
When is rescission granted?
When a misrepresentation has occurred and the victim has not affirmed the contract, made the contract impossible to rescind, and the rescission would not affect a third party.
What is equitable relief?
Court remedies that require parties to perform certain acts or specifically perform a contract. Courts generally refrain from granting a remedy in equity if either a remedy in law, i.e. monetary damage awards, or a restitutionary remedy, e.g. quasi-contract remedy to prevent unjust enrichment, is available. Civil claims may be divided roughly into two categories, tort-based claims and contract-based claims. Equitable reliefs available to either category of civil claims are similar, but there are some differences to the factors that a court will consider before granting an equitable relief of either permanent injunction (in torts) or specific performance (in contracts). Considerations for Permanent Injunction 1. Inadequacy of Legal Remedy - Speculative nature of damages - Insolvency of defendant - Multiplicity of future lawsuits to remedy the wrong - Irreparable harm to plaintiff 2. Property or Personal Interest of the Plaintiff at Stake 3. Feasibility of Enforcement - "Equity will not enjoin a crime" (but tortious conduct can be enjoined). 4. Balancing of Hardship to Parties 5. Defenses of Laches and "Unclean Hands" - Laches: plaintiff's unreasonable delay in brining a suit that has prejudicial effect on defendant's interests Considerations for Specific Performance 1. Validity of Contract 2. Condition of the Plaintiff in Performance of the Contract 3. Inadequacy of Legal Remedy - Speculative nature of damages - Insolvency of defendant - Multiplicity of future lawsuits to remedy the wrong - Uniqueness of the contract subject matter 4. Mutuality of Remedies 5. Feasibility of Enforcement - Court will generally refuse to grant specific performance for service contracts, because of the implication of involuntary servitude. - Administrative difficulty with supervising the defendant's specific performance, e.g. whether his contract performance is adequate, may make the court reluctant to grant a relief to the plaintiff. On the other hand, negative injunctions are easier to supervise and so may be granted more readily. 6. Defenses of Laches, "Unclean Hands," and Unconscionability - Unconscionability: If the terms of the contract are unconscionable to enforce, given the relative bargaining powers of the parties, for example, the court will refuse to order specific performance of its unconscionable terms.
What are some major specific prohibitions on States?
The states are prohibited from exercising any foreign affairs powers, unless specifically granted the right to do by Congress in limited circumstances. For example, a State could not declare war on another country.
Can your ex get custody of your son if the courts gave you full custody?
If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.
Why specific relief act is specific?
Because the Relief are Granted toward the Specif person against the Specific Person not against whole
Can a realtor sign your name on a contract?
No. Not unless you have granted the realtor a Power of Attorney to do so. Otherwise, for the realtor to sign your name would be forgery and the contract would not be binding.
Can you remove a hold on a driver's license?
You can TRY, anything is possible. Depending on the circumstances (which are not set forth in the question) it may be granted.
How many specific delegated powers are granted to Congress in the US Constitution?
17
