Specific Performance
A court remedy compelling a party to perform a contractual obligation, used when damages are inadequate.
Specific performance is an equitable court remedy that orders a party to actually perform the contract, rather than just pay damages for failing to perform. It is granted only when money damages would be inadequate.
It is most often awarded in real-estate purchase contracts (every parcel is treated as unique), unique-asset sales, and certain intellectual property transfers. It is rarely granted for service contracts, courts will not force someone to perform personal services.
California Civil Code §3384 and §3387 frame the analysis: the contract must be definite, the consideration adequate, and damages inadequate. We seek and defend against specific performance in California real estate disputes and unique-asset transactions.
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