Specific performance claims for disputes where money may not be enough

In many breach of contract cases, the court responds by awarding damages. In some disputes, however, money alone may not be enough. Specific performance is an exceptional remedy that asks the court to require the breaching party to carry out the contract itself.

Because this is a discretionary equitable remedy, it is not available automatically. The court will usually look closely at whether the subject matter is truly unique and whether damages would be inadequate.

Situations where specific performance may be considered

This remedy may be raised in disputes involving:

• Unique or rare goods
• Shares in a private company where there is no ready market substitute
• Particular assets, businesses, or properties with strategic or unique value

Common issues in these claims

Specific performance claims often turn on questions such as:

• Whether the asset is genuinely unique
• Whether the claimant was ready, willing, and able to perform their own obligations
• Whether the order would require excessive court supervision
• Whether damages would be a more appropriate remedy

Our office assists clients both in seeking specific performance and in defending against it where the facts do not justify that level of equitable relief.