{"id":2757,"date":"2022-03-29T23:59:11","date_gmt":"2022-03-29T22:59:11","guid":{"rendered":"https:\/\/uk.legalvision.com.au\/?p=2757"},"modified":"2022-06-24T06:21:41","modified_gmt":"2022-06-24T05:21:41","slug":"specific-performance-disputes","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/commercial-contracts\/specific-performance-disputes\/","title":{"rendered":"I am a Business Owner in England and Wales. How Does Specific Performance Work in Contractual Disputes?"},"content":{"rendered":"

If you find yourself facing a contractual dispute<\/a>, you may consider the range of options available if you are considering taking the issue to court. One of the possible remedies that you can receive is called ‘specific performance’. Specific performances are one remedy available to you and are different to injunctions<\/a>. Due to its many benefits, many business owners will prefer to go to court to try and get awarded specific performance instead of trying other dispute resolution methods, such as alternative dispute resolution<\/a> or litigation. <\/span>This article will touch on what specific performance is. It will also give some examples of specific performance and discuss when specific performance may be available for your business.\u00a0<\/span><\/p>\n

What is Specific Performance?<\/h2>\n

Monetary damages are the typical remedy that a court will give an injured party for a breach of contract. In some instances, however, monetary damages are not an adequate remedy. Therefore, specific performance is a remedy that a court may award if it believes that awarding monetary compensation would be inadequate. Specific performance forces the party that has breached their contractual obligation to complete their promises. <\/span>This means that if a court believes they cannot provide a remedy through compensation, they may make the guilty party fulfil their contractual obligations through specific performance.\u00a0<\/span><\/p>\n

Examples of Specific Performance<\/h2>\n

Courts often reward the remedy of specific performance for sale of land contracts. For example, imagine that you purchase a certain piece of land. However the other party then decides to not sell the land to and to keep it instead. In that case, the seller is in breach of the contract. Consequently, w<\/span>hen you take them to court, you may be able to get specific performance. This is because the land itself is a unique type of property. Importantly, land is unique as you cannot obtain an identical piece of land to the one you purchased. Therefore, specific performance would mean that the other party is obliged to sell you the land, as agreed in the contract. Another scenario where this remedy could apply is the attempted sale of a unique item, such as a vintage vase.<\/span><\/p>\n

Additionally, a court may give specific performance in some cases where the contractual obligation is for repeat payment. For example, imagine that you are in an agreement where the other party will give you \u00a3100 every week for the next 52 weeks. If there is a good reason for needing those payments weekly instead of in a lump sum, a court may award the specific performance of monthly payments.\u00a0<\/span><\/p>\n

Importantly, however, a court will avoid awarding specific performance if it involves making the other party doing something positively. In those cases, it is usually considered too much of a burden. Therefore, a monetary award is given instead.\u00a0<\/span><\/p>\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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