SPECIFIC PERFORMANCE

Specific performance is in relation to the sale of land is a court order of equity compelling a party to carry out their obligations under the contract. It is a remedy developed in equity to meet those cases where the damages is not satisfactory compensation or result. The order is at the discretion of the equity court, where the court finds it equitable and just to do so. The order will not be granted if:

• damages are an adequate remedy
• the court cannot supervise the performance.
• it would be inequitable to either party .
• the remedy is not available to both parties.
• there is no consideration
• the contract is for personal service.

See
injunction

equity