If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. If a collector agrees to purchase a specific Tiffany lamp from a dealer, pays the agreed-upon price, and then does not receive the lamp, the dealer will likely be ordered to turn over the Tiffany as agreed. Even though real estate can be a unique item, land sale transactions are frequently compensated through money damages. Land and homes are each unique, therefore, real estate is often at the center of specific performance elements cases. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. Specific Performance as Remedy. The court can issue an order compelling a party to comply with their contractual obligations – a good example being to complete building works on time. Illinois courts hold (it means that is what the court said) that there are three elements of a specific performance action that must be proven before a court will award the remedy and make someone close on the sale of real estate. Hire the top business lawyers and save up to 60% on legal fees. Employee performance plans are all of the written, or otherwise recorded, performance elements that set forth expected perfor- mance. In Berggren vs. Hill, (1st District, May 18, 2010), 401 Ill.App.3d 475, 928 N.E.2d 1225, a Seller brought suit for Specific Performance of a contract for the sale of a condominium unit for $1,650,000. Specific performance is referred to under the law as an equitable remedy. This may be indicated by citing, in parentheses, reference to the goal(s)/objective(s) following the description of the performance element. The subject matter of the contract must be unique, or an action for damages would be the proper remedy. As a contributor to LegalMatch’s Law Library, Lauren wrote extensively on criminal law issues, as well as articles on immigration, tax law, and real estate. A contract is signed for a specific piece of real estate, with all elements considered by both parties and a final price agreed upon for that real estate alone. A plaintiff suing for breach of contract must demonstrate and prove each of these elements in order to recover some sort of relief or remedy such as specific performance or damages. The trial court found that the seller … Specific performance is a remedy that seeks the specific enforcement of transferring ownership of the subject property as contracted for in the underlying sales contract. a (1981) (“Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach.”). Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property according to the terms of an earnest money contract. Since breach of contract is the cause of action underlying Specific Performance it follows that the essential elements of that claim are also essential to Specific Performance; only the last element, damages proximately caused by the defendant's breach, is different. To explore … Specific Performance Of Obligations CIVIL CODE SECTION 3384-3395 [3384.] The 3 min read. These contract cases often involve a unique object or piece of property that has value to the party other than monetary. 4 The plaintiff then must prove that it complied with the conditions of the contract, 5 and that it was ready, willing, and able to perform its obligations under the contract. In order to develop specific measurers, you first must determine the general measure(s) that are important for each element. These remedies include filing a lawsuit to collect damages or seeking a court order requiring the infringing party to live up to their obligations. Specific performance is an equitable remedy that may be awarded, at the trial court’s discretion, for a breach of contract, Stafford v. S. Vanity Magazine, Inc., 231 S.W.3d 530, 535 (Tex.App.-Dallas 2007, pet. Specific performance is an alternative to a court’s decision to award damages and it is commonly used as injunctive relief in cases involving real property or the disclosure of confidential information. The court orders specific performance elements during a civil lawsuit in which it is determined that monetary compensation alone will not be a sufficient resolution. Specific performance is a remedy sought in civil court, instead of money. Thus a court will order the party in question to do what they have agreed to within the contract. Services Law, Real Law Practice, Attorney Section Thirty-three Hundred and Eighty-four. Since breach of contract is the cause of action underlying Specific Performance it follows that the essential elements of that claim are also essential to Specific Performance; only the last element, damages proximately caused by the defendant's breach, is different. By using additional performance elements to set expectations for and appraise group and organizational goals and results, an agency can answer many of the criticisms of the Pass/Fail approach, the most common of which concern its apparent focus on mediocre performance and failure to emphasize and reward excellence. Id. The main cause for a specific performance elements order is a contract agreement that is broken by one of the parties: One party either does not start or fails to finish what was agreed to. Specific performance can refer to any kind of forced action, though it is usually enforced so as to complete a transaction that had been previously agreed to. Through critical elements, employees are held accountable as individuals for work assignments or responsibilities. Specific performance is a remedy sought in civil court, instead of money. Specific performance will be granted where the contract involves a unique chattel; the court determines whether a chattel is unique. If a specific measure for an element is numeric, for example, you would list the units to be tracked and determine the range of numbers (or the single number in a program that appraises elements at two levels) that represents Fully Successful performance. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land or a unique chattel (Personal Property). Specific performance is the most accurate method of achieving the compensation goal of contract remedies because it gives the promisee the precise performance that he purchased. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Elements for the Remedy of Specific Performance In Nevada, the remedy of specific performance is available where: Valid contract with reasonably definite and certain terms exists; An equitable remedy available for breach of contract. A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. She went on to receive her Juris Doctorate from University of the District of Columbia - the David A. Clarke School of Law. an order requiring the land to be sold to the buyer in accordance with the breached contract. Specific Performance Elements Examples, 3. Often the threat of legal repercussion is enough to motivate the party into action without an actual court order, so if you consult an attorney and have a good case, you may be able to get specific performance elements without having the expense of a trial. Section 2-716 (1) provides that "[s]pecific performance may be decreed where the goods are unique or in other proper circumstances." If you are wondering whether specific performance elements will help your legal case, post your legal need on UpCounsel's marketplace. Specific performance is a remedy for breach of contract which is most often used in transactions involving land and construction work. In this case, the object is unique and money, or even a different Tiffany lamp, would not be a sufficient substitute. Specific performance; Specific performance Primary tabs. A rare stamp collection is a unique chattel for purposes of specific performance, whereas stock listed on the New York or American Stock Exchange is not unique. Specific performance elements are court-ordered performances of contractual obligations. 1. Specific performance. It encompasses the idea that all parties to a contract are bound by the exact terms stated in that contract and that there are remedies that a wronged party can pursue when someone is in breach of those terms. Some evidence that will help your case: Specific performance elements will be denied by the court if any of these is not met. the elements and standards of their performance appraisal plans. Similarly, the term "Specific Performance" relates to a situation where under the terms of a contract, a party is obliged to perform certain actions in favour of the other, but neglects or refuses to do so. Elements Of A Specific Performance Cause Of Action. 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