Specific performance is generally awarded:
In cases where nominal damages are also awarded. |
||
Where the contract involves the sale of property or goods that are unique. |
||
Only under the U.C.C. |
||
When the non-breaching party requests it. |
Specific performance is the legal way of performance of one's obligation under a contract. That is, court uses a special remedy to compensate the other party where no other remedy such as money will not work.
Therefore, specific performance can only be awarded when the contract is unique i.e. contract of lands and real estate buy and sale. So, option 2 is applicable in this case.
Nominal damages is when the damage is minimal and there is no actual financial loss of the party. Bt as a compensation court gives a very less amount to the other party. In this case specific performance is not awarded.
Uniform Commercial Code, deals primarily with movable properties such as transfer of money between banks and not the real or immovable properties such as lands etc.
When a breach of contract is done by a party, as a compensation of the injury or loss a non-breaching contract is done to compensate the other party. Most of the compensation is done in terms of money.
Get Answers For Free
Most questions answered within 1 hours.