specific performance

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specific performance

A court order requiring one to comply with the terms of his or her contract rather than the typical legal remedy of paying monetary damages for breach of contract.Real estate is considered unique,and the theory is that a buyer can never take money damages,go out into the marketplace,and replace the property when a seller defaults.As a result,the law gives to the buyer of real estate the remedy of specific performance.Under very exceptional circumstances a court has been known to grant specific performance to a seller and force a buyer to go forward with purchasing real estate.

References in periodicals archive ?
Thus, discovering the years of decision-making that led to the product defect that caused the injury can give you a chance at trial to minimize the impact of the plaintiff's conduct and establish a contrast between the parties.
The locus-of-control measure can help attorneys identify jurors who may be harsh in judging the plaintiff's conduct.
When judging the plaintiff's conduct, it is preferable if jurors recognize human frailty and realize people do not always act perfectly.
William Quackenbush, a San Mateo attorney who represented Green, said the decision "opens the door for creative plaintiff attorneys to consider all state and federal regulations to determine whether a plaintiff's conduct may be protected, and therefore whether the termination may support tort damages.