Law of Contract Specific Performance


There are various remedies that a party may consider if another party has allegedly breached its contractual obligation, including lawsuits and arbitration. Sometimes, however, a financial remedy does not quite complete the plaintiff, which is the purpose of any civil remedy. At common law, a plaintiff`s rights were limited to the award of damages. Later, the Court of Equity instead developed the remedy for concrete enforcement if the damage proved insufficient. A particular service is often provided through the use of a property right, which gives the applicant the right to take possession of the property in question. [Citation needed] Typically, a defendant will attempt to argue that financial damages are available and that there is a method to calculate damages with a reasonable degree of accuracy. However, even if the plaintiff appeals, some benefit may be granted if the court finds that the remedy is not as “safe, timely, complete and effective” as the equitable appeal. Specific performance is a margin of discretion and there are many grounds for refusal, even if a contract is legally binding and damages are not a sufficient remedy. However, if the exceptions do not apply, it is an effective remedy to force a party to comply with its obligations if reasonable damages would not be appropriate. However, the limits of specific performance in other contexts are narrow. In addition, enforcement is rarely ordered by the court on the basis of the personal judgment or the jurisdiction of the party to whom the claim is addressed. The reason for this is that the forced party often achieves results below the party`s usual standard when it is able to do so. Instead, financial damages are usually awarded.

During the term of this Agreement, the Artist will not provide his/her services as an actor, nor will he pose, act, appear, write, direct or provide any other service related in any way to films or photographic games, nor will he provide any service of any kind or character related to drama, theatrical, musical, Vaudeville, radio, television or other productions, shows, performances and/or entertainment, and it will also not provide other similar services for or for itself or for any person, company or entity other than the producer without the prior written consent of the producer. The Artist further agrees not to consent to any other person advertising, advertising or disclosing, directly or indirectly through paid advertisements, press releases or otherwise, that he has been contractually obligated to perform or perform any action or service that violates the terms of this Agreement. The manufacturer has the right to take legal action on behalf of the artist or to prevent such actions or any of them. It is clearly understood and agreed that the services to be provided by the Artist under this Agreement and the rights and privileges granted to the Manufacturer by the Artist by the Artist have a special, unique, unusual, extraordinary and intellectual character that confers on them a special value, the loss of which cannot be adequately or adequately compensated in a suit and that any breach by the Artist of any of the provisions contained by the Artist by the present by the producer will cause damage and irreparable damage. The Artist expressly agrees that the Manufacturer shall be entitled to an injunction or other equitable remedy to prevent the Artist from breaching this Agreement. In other words, a court may order a particular service in the form of replevin (delivery of real property) as compensation in a contractual dispute if cash damages are not sufficient. (3) the infringing party may perform the contract but has not done so; And if the buyer buys a unique item from the seller and the seller violates, a certain service is provided and the seller must manufacture the item that the buyer purchased. For example: Contract for personal property: The concrete execution of an agreement on the transfer of personal property depends on the application and proof of the facts of the inadequacy of the remedy. B, for example, the uniqueness of the property or its lack of identifiable market value. (See Emirzian v. Asato (1913) 23 C.A. 251, 256, 137 P.

1072) Since most situations relate to the sale of goods, the specific service is regulated by the UCC (Uniform Commercial Code), a set of laws adopted by the states. .