Explain the remedy of specific performance.
What will be an ideal response?
If the subject matter of a contract is unique so that a money damage award will not adequately compensate a buyer whose seller has refused to perform, a court may order the seller to specifically perform the contract. Real estate traditionally has been treated as unique and is the most common subject of specific performance decrees. For example, Frank enters a contract to sell his house to Dorothy for $90,000. When he learns the market value of the house is $95,000, Frank decides not to go through with the sale. Dorothy sues Frank for breach of contract. Her normal legal remedy would be her lost profit on the sale (the market price less the contract price--$5,000 in this example). However, because real estate is generally treated as unique, Dorothy could get the court to order Frank to specifically perform his duties under their contract by giving her a deed to the property.
Personal property is generally not considered unique, but antiques, heirlooms, and works of art may merit specific performance. Specific performance is generally not granted in personal service contracts because it would require a form of involuntary servitude and would probably be ineffective in giving the promisee what was bargained for.
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Indicate whether the statement is true or false