To explore … 2. Because contracts obligate involved parties to adhere to the stipulations of the contract, contract breaches are incredibly common. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed. What Is Specific Performance as a Remedy for Breach of Contract? Johnston Tomei Lenczycki & Goldberg LLC. There are a few remedies for breach of contract available to the wronged party. Conditions Subsequent 2. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. they would often favor the remedy of specific performance for breach of contracts to convey property.3 This conclusion will help us to understand the choices made between damages and specific performance under Anglo-American4 and civil law systems5 and suggests the desirability of certain changes in our legal doctrine. Specific performance is an alternative to a courts decision to award damages and it is commonly used as injunctive relief in cases involving real property or the disclosure of confidential information. What’s more, the consequences of a breach of contract case could be serious for your business, resulting in lost profits, opportunities, customers, and more. This remedy is known as specific performance. In certain other cases, including those in which a breach of contract has not occurred, one or both of the parties may rescind the contract. If you seek specific performance as a remedy in this case, then the party that breached the contract … When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. The information on the blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. Copyright Act claims have a three year limitations period, beginning wh... Can one sue to make another party perform a contract that it has breached? At the law offices of Johnston Tomei Lenczycki & Goldberg LLC, our business dispute and breach of contract attorneys can help you to understand the various remedies available in a breach of contract case, including specific performance. Addis v Gramophone AC 488 Case summary Specific performance is often used in conjunction with one of the other remedies listed above, and refers to an agreement as a remedy in which the breaching party is ordered by a court (or agrees to via an out-of-court settlement) to perform a specific action. Attorney Website Designers by Law Firm Sites, CONTACT US TO SCHEDULE A FREE CONSULTATION : (847) 549-0600, Mortgage Foreclosure Relief in the COVID-19 Era, Mechanics and Benefit of the Automatic Stay in Bankruptcy, Benefits of Hiring a Lawyer to Defend a Foreclosure Case, The duty specified in the contract–and its fulfillment–is fair and equitable; and. 1 (1962) (emphasis added). A party’s breach of contract gives rise to certain remedies in the non-breaching party, in particular (1) an action for money damages, and (2) in certain circumstances, a suit for specific performance of the contract. The opinions expressed on this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Use of this blog does not create an attorney-client relationship between you and The Dietrich Law Firm. Can I get out of a contract Blog/Web Site is made available by the Dietrich Law Firm the subject of. 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