Specific Performance May Be Available for the Breach of a Contract to Sell

When parties enter into a contract to sell, they are obligated to perform their respective duties and obligations as agreed upon in the contract. However, there may be instances where one party fails to fulfill their obligations, resulting in a breach of contract. In such cases, the non-breaching party may seek remedies, such as specific performance.

What is Specific Performance?

Specific performance is a legal remedy that requires the breaching party to perform the exact duties and obligations they agreed to in the contract. In the context of a contract to sell, it may require the seller to transfer the title and deliver the goods to the buyer as agreed upon in the contract.

When is Specific Performance Available?

Specific performance is not always available as a remedy for breach of contract. It is typically only granted in situations where monetary damages would not adequately compensate the non-breaching party, such as in cases involving unique or rare goods or real estate.

For example, if a buyer enters into a contract to purchase a one-of-a-kind piece of artwork, and the seller breaches the contract by selling it to someone else, monetary damages would not be sufficient to compensate the buyer. In such cases, specific performance may be available as a remedy, requiring the seller to transfer the artwork to the buyer as agreed upon in the contract.

How to Seek Specific Performance

To seek specific performance, the non-breaching party must demonstrate to the court that monetary damages would not adequately compensate them for the breach of contract. They must also show that specific performance would be feasible and enforceable, and that it is the appropriate remedy under the circumstances.

It is important to note that seeking specific performance can be a time-consuming and expensive process, and it may not always be granted by the court. It is always advisable to consult with an experienced attorney to determine the best course of action in any case involving breach of contract.

Conclusion

Specific performance is a legal remedy that may be available to a non-breaching party in cases involving breach of contract to sell. It requires the breaching party to perform the exact duties and obligations they agreed to in the contract. Whether or not specific performance is granted will depend on the specific circumstances of each case, and it is always advisable to seek the advice of an experienced attorney.