When is specific performance of a contract available ?

When is specific performance of a contract available ?



  1. historical reason : money damages were the usual for the law courts. ordering someone to do something as a remedy was generally available only in equity courts 
  2. practical : it would be difficult for the court to order someone to do something and then to determined whether he or she has complied
  3. conceptual :monetary value.Contract law serves to protect people who rely on promises, but they can be adequately protected by giving them the monetary equivalent of the performance promised to them instead of the actual performance itself. Money damages are thought to be as good as performance because the injured party can use the money to procure a substitute on the market.


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