Specific Performance

Question 1

What is specific performance?

Answer 1

An order to the defendant to perform a specific performance under a CONTRACT. They are similar to injunctions, but this is actually ordering the defendant to do something, rather than NOT to do something.

Question 2

Requirements of specific performance?

Answer 2

1. Threat of harm;
   The harm must be clear based on a breach of the contract.
2. Irreparable injury;
   Are the goods unique? Are the damages inadequate or difficult to measure?
3. Balance of hardships; and
   Is the injunction difficult to enforce? (you can’t order someone to work.)
4. Public Policy Interests
   What are the social consequences of specific performance, i.e., public health, safety, economic issues.

Question 3

UCC Buyer’s Right to Specific Performance

Answer 3

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