In some situations, damages may not be considered an appropriate remedy by the innocent party, and they may consider seeking a court order to force the defaulting party to deliver what they agreed at the time of entering into the contract. The courts have the power to order the performance of specific contractual obligations, but this is a difficult process. Example: Rina offers to buy Beth`s house and accepts Beth, but later decides to keep the property. Real estate is considered unique. Since there is no other land or house exactly like Beth`s, Rina may be entitled to a specific performance of the contract. Beth would be forced to make the sale. There are many situations in which certain achievements are not appreciated. These situations typically consist of scenarios in which the claimant is not fully compensated by the remedy. The court avoids a particular benefit in the following situations: Applying a particular benefit can be a difficult task. The reason you were granted the remedy is that the defendant was not at all willing to perform the contract and it may be difficult to get a reluctant participant to comply. Therefore, the court will “monitor” the transaction to ensure that it is completed. If a party does not comply with the judgment, the reluctant party may face consequences such as contempt of court, fines, fines, and other forms of censorship. There is no statute of limitations for a particular claim for benefits, but practice suggests that the innocent party should file the claim as soon as possible.

The court examines the reasons and cause of the delay, as well as the disadvantages suffered by the defaulting party. it does not automatically follow that an order is placed for certain services. There are a number of circumstances in which a particular benefit is generally not admissible and may be used as a ground for rejecting such a claim. The most common circumstances are as follows: The founding case was Lumley v. Wagner, rendered 101 years ago. This case involved an opera singer, but it is now commonly used in theater and film contracts. The following is a typical recital of the provisions that can be found in many film contracts today: after all, the usual rules of remoteness and reduction apply only to damages, not to certain services. Another advantage of a remedy in a particular service is that the innocent party does not have to prove any damage caused by the breach; it is sufficient to prove that the obligation has not been fulfilled (or is not fulfilled).

Courts will only apply a particular performance if the underlying contract was “fair and equitable”. The onus is on the claimant to prove that the contract was reasonable and lawful, with each party receiving reasonable consideration for performance. California law states that a particular benefit can be applied if: In practice, a particular benefit is most often used as a remedy for land-related transactions. B, such as the sale of land where the seller refuses to transfer ownership. The reason for this is that the country is unique and there is no other recourse to put the non-offending party in the same situation if the contract had been fulfilled. Therefore, a complaint must be filed for a particular service: the term replevin – commonly referred to as “claim and delivery” – refers to a lawsuit that requires that beneficial ownership (and not its monetary value) be transferred to the plaintiff in a legal dispute. It is similar to specific performance and is often used as a synonym in laws. For example, the UCC states that a buyer “has the right to bottle the goods identified in the contract if, after reasonable effort, it is unable to provide coverage for those goods, or if the circumstances reasonably indicate that such an effort will be unsuccessful.” Courts will only apply a particular performance if the underlying contract was fair and equitable. Other assets that the courts have determined to support a particular service are works of art, custom products, and goods that are in short supply. Almost all states have adopted the Uniform Commercial Code (UCC), which deals with specific performance.

For example, California law states that a particular performance may be performed if: A particular performance is an appropriate remedy under contract law, with a court issuing an order requiring a party to perform a particular action. B for example to complete the performance of the contract. It is usually available in sales law, but is not generally available if damage is an appropriate alternative. Some service is almost never possible in the case of personal services contracts, although enforcement can also be ensured by the threat of contempt of court prosecution. It should be noted that an order for a particular service is largely left to the discretion of the courts. Even in cases where a particular benefit may qualify, it is at the discretion of the court not to grant it. For example, if a plaintiff buys a two-bedroom apartment in a large project, the defendant is injured, but other identical condominiums are available, the court may find that the financial damages are sufficient, even if it is real estate. The court will not order enforcement if it would be unnecessary or impossible to do so (p.

. B force a party to sell something they don`t own). Examples of circumstances in which damages may be financially ineffective could be if the defaulting party is insolvent and insolvent; whether the damage would be difficult to quantify (for example. B a compensation contract); whether an order for payment of damages would be difficult to enforce (for example. B because enforcement should take place in a foreign country); or if an express provision of the contract limits or limits the recoverable damages for that particular breach. As a fair remedy, a defendant may also defend against the provision of a particular service if he or she can prove gross injustice, undue hardship or unreasonable adverse delay. Examples of rare or unique themes can be the sale of a stake in a plot of land (since no two plots are the same) or a single antique vase. In both scenarios, damages may not be an appropriate remedy because there is no market replacement and, therefore, the innocent party would not be able to achieve equivalent performance (regardless of the price). A particular service is not always the best remedy and should only be used if a remedy for damage is not sufficient. (3) the infringing party may perform the contract but has not done so; and to determine that the damages are not reasonable, the innocent party generally must either prove that (a) the subject matter of the contract is rare or unique, or (b) that the damage would be financially ineffective. This is called a specific benefit and this article deals with the current Basic Law.

.