Editing Specific performance (section)

{{Short description|Equitable remedy in contract law}}
{{Equitable doctrines}}
'''Specific performance''' is an [[equitable remedy]] in the [[law of contract]], in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract.<ref>{{Cite web |title=specific performance |url=https://www.law.cornell.edu/wex/specific_performance |access-date=2023-07-30 |website=LII / Legal Information Institute |language=en}}</ref> It is typically available in the sale of [[land law]], but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for [[contempt of court]].

An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used forms of specific performance. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory [[injunction]], but there are mandatory injunctions that have a similar effect to specific performance and these kinds of distinctions are often difficult to apply in practice or even illusory.

At [[common law]], a claimant's rights were limited to an award of damages. Later, the [[court of equity]] developed the remedy of specific performance instead, should damages prove inadequate. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute.{{cn|date=April 2018}}

As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on their appropriateness in the circumstances. Such orders are granted when damages are not an adequate remedy and in some specific cases such as [[real property|land]] (which is regarded as unique).