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 ?
Simple tools, such as knowing that people who smile are more likeable than people who do not, should inform the plaintiff's conduct in the courtroom.
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.
Having defined the relevant standard for evaluating a plaintiff's conduct, the Court declined to conclusively decide whether Vinson had been a victim of illegal harassment.
The locus-of-control measure can help attorneys identify jurors who may be harsh in judging the plaintiff's conduct.
Finally, the doctrine is operationally dangerous because it requires the court to evaluate the plaintiff's conduct through a moral prism trained on an ever-changing social landscape and climate, resulting in the potential for selective and arbitrary application.
In some cases, the plaintiff's conduct may be so unforeseeable that perhaps the defendant should prevail on proximate cause grounds.
In a best-case scenario, it might make the plaintiff's conduct irrelevant, since the plaintiff could not have anticipated the defect that caused the crash.
In other words, jurors do not recognize their role in construing the plaintiff's conduct.
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.