When is Specific Performance typically used?

Specific performance is a legal remedy typically used in contract law when a party to a contract fails to fulfill their obligations, and monetary damages are insufficient to remedy the breach. This situation often arises in contracts involving unique or irreplaceable items, like real estate or rare goods, where the non-breaching party cannot simply be compensated with money because they desire the specific item or service as originally agreed upon.

In these cases, the court may order the breaching party to perform their contractual duties as specified in the agreement rather than just awarding damages. This legal remedy is rooted in the principle that some agreements hold such value that substituting a monetary amount would not provide adequate relief to the wronged party. Thus, it serves to uphold the sanctity of the contract and ensure that the parties are held to their commitments.