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Specific Performance

Specific performance is a court order requiring a party to actually do what they promised in a contract, rather than just pay money for breaking it.

What it actually is

It is an equitable remedy used when monetary damages are insufficient to make the injured party whole, such as in contracts for unique property like land or rare goods. In a case, a plaintiff may request specific performance instead of damages, and the court will only grant it if the contract terms are clear and enforcement is feasible.

Why it matters in your case

If you are the party seeking performance, this remedy can force the other side to deliver exactly what was agreed, which may be more valuable than money. If you are the party being sued, a specific performance order can require you to take a specific action, potentially involving significant time or resources, rather than just paying a settlement.

The common misunderstanding

Many people think they can always demand specific performance for any broken contract, but courts rarely grant it unless the subject matter is unique and money would not adequately compensate the loss.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.