What does specific performance require from a breaching party?

What does specific performance require from a breaching party?

• A. To pay damages for the breach
• B. To perform according to the contract terms
• C. To renegotiate the contract
• D. To terminate the contract immediately

Answer: (B)

Specific performance is a legal remedy often sought in cases of breach of contract, particularly when monetary damages are inadequate to remedy the harm caused by the breach. This remedy requires the breaching party to fulfill their obligations according to the agreed terms of the contract. This situation typically arises in contracts involving unique items or situations, such as the sale of real estate, where simply paying damages would not fully compensate the non-breaching party. By requiring performance as specified in the contract, specific performance ensures that the non-breaching party receives exactly what was promised, thereby upholding the integrity of the contractual agreement. In this context, the other choices do not reflect the essence or purpose of specific performance. Payment of damages does not address the fulfillment of the contract but rather compensates for losses incurred. Renegotiating the contract changes its terms, while immediate termination of the contract negates any obligation to fulfill the agreement. Therefore, the requirement for a breaching party under specific performance is clearly to perform according to the contract terms.

Specific performance is a legal remedy often sought in cases of breach of contract, particularly when monetary damages are inadequate to remedy the harm caused by the breach. This remedy requires the breaching party to fulfill their obligations according to the agreed terms of the contract.

This situation typically arises in contracts involving unique items or situations, such as the sale of real estate, where simply paying damages would not fully compensate the non-breaching party. By requiring performance as specified in the contract, specific performance ensures that the non-breaching party receives exactly what was promised, thereby upholding the integrity of the contractual agreement.

In this context, the other choices do not reflect the essence or purpose of specific performance. Payment of damages does not address the fulfillment of the contract but rather compensates for losses incurred. Renegotiating the contract changes its terms, while immediate termination of the contract negates any obligation to fulfill the agreement. Therefore, the requirement for a breaching party under specific performance is clearly to perform according to the contract terms.