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Yes, and restitution. Many remedies are available for breach contract.
Wiki User
∙ 13y ago
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.
Wiki User
∙ 11y agoThat if damages cannot be awarded, a court may order that a person in breach of contract do what they said they would do under the contract.
Wiki User
∙ 11y agoWhen damages cannot be awarded, the court may order a person in breach of contract to perform exactly as they said they would under the contract.
Wiki User
∙ 7y agoThe equitable remedy of specific performance may used when the subject matter to the contract is unique or irreplaceable, like real estate.
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What can an equitable remedy do?
An equitable remedy can provide fair and just resolutions in legal disputes where monetary damages may not be enough. This can include actions such as specific performance, injunctions, or restitution, which aim to restore parties to a position of fairness or prevent unjust enrichment. Equitable remedies are often sought when traditional legal remedies are inadequate.
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 specific performance of contract and under which circumstances specific performance not granted?
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.
What are the differences between specific performance and injunction?
Specific performance is a legal remedy where a court orders a party to fulfill their contractual obligations as agreed upon in the contract. On the other hand, an injunction is a court order that prohibits a party from performing a particular action. Injunctions are typically used to prevent harm or enforce the terms of a contract, while specific performance focuses on compelling performance of the contract itself.
What does a specific performance court order mean?
A specific performance court order is a legal remedy that requires a party to fulfill their obligations under a contract by performing a specific act as outlined in the agreement. This type of order is typically sought when monetary damages are inadequate to compensate for a breach of contract. If a party fails to comply with a specific performance order, they may face penalties or sanctions from the court.
What can an equitable remedy do?
An equitable remedy can provide fair and just resolutions in legal disputes where monetary damages may not be enough. This can include actions such as specific performance, injunctions, or restitution, which aim to restore parties to a position of fairness or prevent unjust enrichment. Equitable remedies are often sought when traditional legal remedies are inadequate.
Is monetary damages an equitable remedy under contract law?
They are normally considered an equitable remedy. In some cases there may be more equitable methods of compensation.
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.
Is an interim injunction a legal or equitable remedy?
Injunctions are equitable remedies, they are not remedies which the claimant has a right to and are therefore given at the discretion f the court.
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.
Can a court grant legal remedies or equitable remedies?
Yes, a court can grant both legal remedies, such as monetary damages, and equitable remedies, such as injunctions or specific performance. Legal remedies aim to compensate for losses, while equitable remedies seek to address broader issues of fairness and justice.
Specific performance - limitations?
Court must order it Cannot demand personal service Must not be able to remedy with damages
Equitable remedies are available anytime the plaintiff chooses them over money damages?
If the plaintiff ASKS for, or agrees to ACCEPT, an equitable remedy, this could be true statement.
What do work standards do?
Work standards deliver specific goals to employees, helping them understand exactly what is expected of them in order to earn a fair and equitable pay for their job performance.
What the purpose of a suit in equity?
A suit in equity refers to a legal action whereby the plaintiff seeks an equitable remedy.
What kind of lawsuits require specific performances?
You need an attorney who specializes in contract law. Specific performance is a remedy provided by a court to force a losing party to carry out their obligations under a contract.
What is to sue for specific performance in a real estate contract?
A suit for specific performance is like an court injunction, ordering one party to complete the performance promised in a contract. Because most contract issues can be resolved by money damages (in a lawsuit), an equitable suit for specific performance usually only arises with unique property; real estate is unique. Some jurisdictions still have separate courts of chancery for this type of complaint. In theory, if you have a written contract to buy some real estate and you perform all of your obligations (offer to pay), you can "force" the completion of the sale, using specific performance, if the seller refuses to go through with it. On the other hand, a court is unlikely to order you to purchase the land (if you're the one who refuses to go forward with the contract) because the law of equity prefers the status quo, and the seller could be made whole by simply collecting money damages from you for their trouble.
