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SPECIFIC PERFORMANCE

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Originally appearing in Volume V25, Page 617 of the 1911 Encyclopedia Britannica.

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SPECIFIC PERFORMANCE , an equitable See also:

DOCTRINE

doctrine under which a See also:

COURT
COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
COURT, ANTOINE (1696-176o)

court of See also:

EQUITY (Lat. aequitas)

equity, in certain exceptional cases where the normal legal remedy, i.e. See also:

DAMAGES (through O. Fr. damage, mod. Fr. dommage, from Lat. damnum, loss)

damages, would not be a sufficient See also:

COMPENSATION (from Lat. compensare, to weigh one thing against another)

compensation, orders from a defaulting party a specific or actual performance of the thing which he had contracted to do. The courts See also:

ACT (Lat. actus, actum)

act on their own discretion in affording or refusing the See also:

RELIEF

relief of specific performance, and as a See also:

general See also:

RULE

rule will refuse that relief where the See also:

COMMON

common See also:

law remedy is adequate, where the court would be unable to superintend or enforce the See also:

EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of its See also:

JUDGMENT

judgment, where the See also:

PLAINTIFF

plaintiff has himself acted inequitably, or where the enforcement of specific performance would be unreasonable. Specific performance is usually See also:

con-fined to executory agreements, such as a See also:

CONVEYANCE

conveyance or a See also:

LEASE (derived through the Fr. from the Lat. laxare, to loosen)

lease of See also:

LAND

land; it is not usually enforced in the cases of See also:

PERSONAL

personal acts or in those of contracts for personal service. In the See also:

case of a See also:

contract for the See also:

sale of a See also:

CHATTEL (for derivation see CATTLE)

chattel the courts will only See also:

order specific performance when the chattel is of See also:

PECULIAR

peculiar value to the purchaser and cannot be obtained elsewhere. The courts are guided considerably by precedent, and it is only by reference to a See also:

standard textbook that details can be obtained of the conditions and restrictions which hedge the See also:

jurisdiction of the courts. In Scots law specific performance, or " See also:

IMPLEMENT (Lat. implementum, a filling up, from implere, to fill)

implement," is See also:

PART

part of the See also:

ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary jurisdiction of the courts. See See also:

Fry on Specific Performance; Ency. See also:

ENGLISH

English Law, tit. " Specific Performance "; and See also:

Story, Equity See also:

Jurisprudence.

End of Article: SPECIFIC PERFORMANCE

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