Editing Specific performance (section)

==Examples==
In practice, ''specific performance'' is most often used as a remedy in transactions regarding land, such as in the sale of land where the vendor refuses to convey title. One traditional justification for this position is that land is unique and that there is not another legal remedy available to put the non-breaching party in the same position had the contract been performed.{{cn|date=May 2025}} However, modern decisions in at least one common law jurisdiction (Ontario) have argued that "uniqueness" is only a proxy for the real conceptual justification of specific performance, which is that it is fundamentally an open-ended rule of justice and will be awarded wherever the plaintiff shows that the land in question, rather than damages, better serves justice between the parties in all the circumstances.<ref>{{Cite web |date=2001 |title=John E. Dodge Holdings Inc. v. 805062 Ontario Ltd., 2001 CanLII 28012 (Ontario Superior Court of Justice) |url=https://www.canlii.org/en/on/onsc/doc/2001/2001canlii28012/2001canlii28012.html#par55 |website=CanLII, Canadian Legal Information Institute}}</ref>  

However, the limits of ''specific performance'' in other contexts are narrow. Moreover, performance based on the personal judgment or abilities of the party on which the demand is made is rarely ordered by the court. The reason behind it is that the forced party will often perform below the party's regular standard, when it is in the party's ability to do so. Monetary damages are usually given instead.

Traditionally, equity would only grant specific performance with respect to contracts involving [[Personal property|chattels]] where the goods were unique in character, such as art, heirlooms, and the like. The rationale behind this was that with goods being [[fungibility|fungible]], the aggrieved party had an adequate remedy in damages for the other party's non-performance.

In the United States, Article 2 of the [[Uniform Commercial Code]] displaces the traditional rule in an attempt to adjust the law of sales of goods to the realities of the modern commercial marketplace. If the goods are identified to the contract for sale and in the possession of the seller, a court may order that the goods be delivered over to the buyer upon payment of the price. This is termed ''[[replevin]]''. In addition, the Code allows a court to order specific performance where "the goods are unique or in other proper circumstances", leaving the question of what circumstances are proper to be developed by [[case law]].
The relief of Specific Performance is an equitable relief which is usually remedial or protective in nature. 
In [[Civil law (legal system)|civil law]] (the law of continental Europe and much of the non English speaking world), specific performance is considered to be the basic right.  Money damages are a kind of "substitute specific performance."  Indeed, it has been proposed that substitute specific performance better explains the common law rules of contract as well, see (Steven Smith, ''Contract Law'', Clarenden Law ).

In English law, in principle reparation must be done ''[[wikt:in specie|in specie]]'' unless another remedy is more appropriate.<ref>{{cite BAILII |year=1967 |court=UKHL |num=2 |litigants=[[Beswick v Beswick]] |parallelcite=[1968] [[Appeal Cases Law Reports|AC]] 58 |courtname=auto}} per [[Edward Pearce, Baron Pearce|Lord Pearce]].</ref>