Editing Specific performance (section)

== Summary of the Law in Australia ==
In summary of the law of specific performance in Australia:<ref>{{Cite web |last=Davis |first=Wayne |date=4 February 2024 |title=Contract Law 101 – Specific Performance |url=https://stonegatelegal.com.au/contract-law-101-specific-performance/ }}</ref>

When a Court Will Order Specific Performance:

# Valid and Enforceable Contract: There must be a legally binding agreement between the parties.
# Breach or Threatened Breach: There must be a breach or threatened breach of the agreement by the defendant.
# Uniqueness of the Property: The subject of the contract, especially in real estate transactions, must be unique to such an extent that monetary damages would not be a sufficient remedy.
# Irreparable Harm: The aggrieved party would suffer irreparable harm if specific performance were not granted, such as in cases where real property’s unique value cannot be compensated with money alone.
# Inadequacy of Common Law Damages: Common law damages must be an inadequate remedy for the breach.
# Party is Ready, Willing, and Able to Perform: The party seeking specific performance must demonstrate their willingness and ability to fulfill their own obligations under the contract.

When a Court Will Not Order Specific Performance:

# Monetary Damages are Adequate: If the harm caused by the breach can be adequately compensated with money, specific performance is unlikely to be ordered.
# Contract is Not Clear or Enforceable: If the contract terms are ambiguous, not agreed upon by all parties, or the contract is otherwise unenforceable, specific performance will not be granted.
# Speculative Purposes: If the purpose of enforcing the contract is speculative in nature, such as for anticipated profits from development or resale, courts may be hesitant to order specific performance.
# Requires Continuous Supervision: If fulfilling the contract would require ongoing supervision by the court, specific performance may be deemed inappropriate.
# Lack of Uniqueness: In cases not involving unique assets like real estate, where substitute performance or goods are readily available, specific performance may not be ordered.