Contract Law and Gina L. Brooks
Langley Brothers, Inc Stock Registry Gina L. Brooks Unit 9 Assignment MT 311 September 6, 2010 Specific performance is the right of a party to a contract to demand that the defendant (the party who it is claimed breached the contract) be ordered in the judgment to perform the contract. Specific performance may be ordered instead of (or in addition to) a Judgment for money if the contract can still be performed and money cannot sufficiently reward the plaintiff. Specific performance is exceptional nd ordered only when an award of damages would be ‘inadequate’.
With land contracts, however, the courts have far greater direct authority and specific performance is the preferred remedy for breach of land contracts. Specific performance is a rare remedy at law, but sometimes available where the subject of the breached contract is special and irreplaceable. Tarrington contracts to sell her house and lot to Rainier. Then, on finding another buyer willing to pay a higher purchase price, she refuses to deed the property to Rainier. Marita contracts to sing and dance in Horace’s nightclub for one month, beginning June 1 .
She then refuses to perform. Juan contracts to purchase a rare coin from Edmund, who