Specific performance
A practice note that explores the equitable remedy of specific performance, compelling a party to fulfil positive contractual obligations. This practice note outlines the nature of this remedy and its core requirements, such as a valid, enforceable contract and the inadequacy of damages, including what constitutes uniqueness. It examines contract terms or features that may bar specific performance and discusses its application to service contracts. Further, this practice note details other grounds for refusing specific performance, the scope of potential orders, and its interplay with injunctions and damages. It also covers the court's jurisdiction to make such orders, the summary judgment procedure for seeking specific performance, and methods of enforcing an order. This practice note provides practitioners with insights into assessing the feasibility of and defending claims for specific performance.
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