Protecting against specific performance lawsuits by bryan mashian, esq a remedy available to a real estate buyer is to sue for the seller to sell the property to the buyer on the agreed upon price and terms. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party if a legal remedy will. Site-specific performance [mike pearson] on amazoncom free shipping on qualifying offers site-specific performance - acts of theatre and performative events at landscape locations, in village streets. Suit for specific performance is filed when one of the party in a contract breaches the contract and denying the obligation imposed by the party for the ease of lawyer, format of suit for specific performance is provided with all relevant documents.
Specific performance news find breaking news, commentary, and archival information about specific performance from the tribunedigital-orlandosentinel. Over the years, specific performance, llc has built a multifunctional enterprise with the quick-witted aptitude of a consulting firm and the creative energy of a digital agency. Specific performance is a legal term arising out of contract law in california and all other states in the country specific performance means that a court orders the parties to a contract to.
Where real estate deals go sour, a court will often issue a lis pendens where a buyer seeks specific performance of a real estate contract in order to force a seller to go through with a transaction. Specific performance news find breaking news, commentary, and archival information about specific performance from the tribunedigital-chicagotribune. Specific performance definition is - the performance of a legal contract strictly or substantially according to its terms the performance of a legal contract strictly or substantially according to its terms an equitable remedy enjoining specific performance. Specific performance is an action to compel a party who breached a contract to perform the contract as promised the subject matter of the contract must be unique, or an action for damages would be the proper remedy. Specific performance is contemplated by the trec-promulgated contract forms all of the trec-promulgated purchase contract forms expressly provide the remedy of specific performance in their provisions related to default (see below.
Share swimming specific performance screen on google+ courtesy of ritter sports performance as a coach or a swimmer, you spend a lot of time trying to perfect your stroke, your strategy, and your. Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it thus specific performance is an equitable rather than legal remedy. Start studying specific performance learn vocabulary, terms, and more with flashcards, games, and other study tools.
Specific performance is a remedy sought in civil court, instead of money it requires a defendant to actually go through with a certain action he promised to do, instead of just paying money for not keeping his promise. Specific performance is an order of the court requiring the defendant to carry out his obligations under an instrument (contract) according to its terms. A greater strength of case is required for a decree of specific performance than to defeat a claim for specific performance the equitable remedy of specific performance is not a matter of right but is a remedy applied by courts, depending upon the facts in the particular case. Specific performance orders once a seller refuses to sell, the buyer has the right to file suit to seek an injunction for specific performance.
Second, if a company believes specific performance may be a desired remedy, it should consider including a specific performance stipulation in its m&a agreements providing that a breach of the. Specific performance isn't based on any absolute legal right rather, it involves a court using its discretion to order the nonperforming buyer or seller to perform and complete the contract as if it had never been breached—that is, to sell or buy the house. Specific performance is a method by which non breaching parties of a contract are awarded damages, recission and restitution and reformation types of damages include compensatory, consequential, punitive and norminal.