What is specific performance in contract law?

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Specific performance is a legal remedy in contract law where a court mandates a party to fulfill their obligations as specified in a contract. This remedy is typically employed when monetary damages are inadequate to resolve the breach, such as in cases involving unique goods or property where simply paying damages would not suffice to restore the non-breaching party to their original position.

For instance, if someone contracts to sell a rare piece of art and subsequently refuses to complete the transaction, the buyer may seek specific performance to compel the seller to go through with the sale, rather than just seeking monetary compensation. This standard underscores the importance of the specific, agreed-upon terms of the contract, reinforcing the idea that parties are expected to adhere to their commitments.

In contrast, other remedies like monetary compensation focus on compensating the injured party financially, while returning to a pre-contract state or canceling the contract altogether do not address the fulfillment of the agreed-upon contractual promises. Such remedies may be appropriate in different circumstances, but they don't capture the essence of specific performance, which is centered on the action of fulfilling contractual obligations as originally intended by the parties involved.

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