specific performance
1
8.8
- noun
- /spəˈsɪfɪk ˈpɜrfərməns/
- Formal
:
cumplimiento específico
- If the government action is merely a breach of contract, remedies such as damages, restitution, and specific performance are available to the private party.
- specific performance of the contract
- damages or specific performance
This is known as specific performance, and it's the subject of today's lecture.
- This is known as specific performance, and it's the subject of today's lecture.
- After a high number of deal breaks occurred, merger agreements changed and specific performance became much more common.
- Musk seeks unspecified damages but also specific performance of the alleged contractual or non contractual promises.
Examples
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Common law remedies for breach of contract include damages, restitution, and specific performance.
Academic text (2001) -
Specific performance is the "principal equitable remedy" for breach of contract, requiring "the promisor to render the promised performance."
Academic text (2001) -
This is known as specific performance, and it's the subject of today's lecture.
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In this manner, an injunction has the same effect as ordering specific performance of the contract.
Academic text (2001) -
Musk seeks unspecified damages but also specific performance of the alleged contractual or non contractual promises.
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Although the Contracts Clause does not permit a court to award damages instead of specific performance of the contract, "interim damages," similar to those awarded in the takings context, are arguably available.
Academic text (2001) -
Once again, injunctive relief (specific performance) for nonperformance of contractual obligations is the exception, not the rule; the standard remedy is expectation damages.
Academic text (2018) -
In a breach of contract case, the judge ordered the seller to provide specific performance to fulfill the terms of the agreement.
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Typically, specific performance is considered when monetary damages would not adequately remedy the loss.
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The court's decision on specific performance required that the builder complete the project as originally agreed.
Surface Forms
Morphology
The parts 'specific' (precisely defined) and 'performance' (carrying out an obligation) do transparently suggest 'the precise carrying out of duties', so a learner can grasp a general compositional sense. However, the specialized legal meaning — a court-ordered remedy requiring actual fulfillment of a contract rather than damages — is procedural and not predictable from the constituents alone, making the term only partially transparent to a B1 learner.
Etymology
The legal term specific performance comes from the simple image of a court telling someone to perform a promise in a specific way: to 'do exactly what was promised' rather than 'pay money'. So, it means a court order that forces a person to carry out the exact terms of a contract.