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Specific Performance

A remedy in the event of breach of contract, whereby the Court orders a party found in breach of his/her contractual obligations to perform their specific duty as set out in the contract.

This is not an attractive remedy for the Court in the event of a service contract as the defendant has already shown that he/she is disinclined to perform and for services, the relationship between the parties might not be conducive to that, as the defendant has already shown that he won’t perform and the parties have engaged in adversarial judicial proceedings. Generally, the Courts prefer the remedy of damages, so that their judgment is "plaintiff friendly", easier to enforce. This also gives the Court the flexibility in terms of damages.

But in some cases, especially when the object of the contract is unique, readily ascertainable or is an identifiable one-of-a-kind item (such as a piece of real property), the Court will order specific performance.

For example, if a defendant has breached a contract in which he agreed to deliver a Picasso painting to the plaintiff, the Court might in that case order specific performance; that the defendant deliver forthwith to the plaintiff said painting.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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