Specific Performance: when is it unavailable?

Specific Performance: when is it unavailable?

• A. The contract is valid
• B. There are no defenses
• C. The legal remedy is adequate
• D. Mutuality of remedy is present

Answer: (C)

Specific performance is unavailable when monetary damages are adequate to compensate for the breach. This equitable remedy is reserved for situations where money cannot truly make the injured party whole, such as with unique real property or one-of-a-kind goods. If the plaintiff can be placed in the same position with dollars, the court will choose monetary damages over ordering performance. While factors like contract validity, defenses, or even mutuality of remedy may influence other aspects of enforcement, they do not override the fundamental test: adequate damages mean specific performance won't be granted.

Specific performance is unavailable when monetary damages are adequate to compensate for the breach. This equitable remedy is reserved for situations where money cannot truly make the injured party whole, such as with unique real property or one-of-a-kind goods. If the plaintiff can be placed in the same position with dollars, the court will choose monetary damages over ordering performance. While factors like contract validity, defenses, or even mutuality of remedy may influence other aspects of enforcement, they do not override the fundamental test: adequate damages mean specific performance won't be granted.