This is a sample complaint for Specific Performance of a contract for the purchase/sale of personal property.
Specific Performance For Breach Of Contract
Category:
State:
Alabama
Control #:
AL-1107A
Format:
Word;
Rich Text
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Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.
Specific performance is a type of equitable remedy available in a breach of contract action. It is a remedy based on the concept of fairness. Specific performance recognizes that money may not adequately compensate the non-breaching party in certain situations.
Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law. Shreeve, 65 Ariz.
Specific Performance: Overview When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. Real estate is considered to be unique.
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
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Com "2 of 3Specific performance is a court order requiring a party that caused a loss to perform their promise as closely as possible, often in cases where a cash payment can't replace what was lost. To be awarded specific performance, a buyer must first succeed on their claim for breach of contract.If the court orders specific performance, it orders the seller to convey the property to the buyer in accordance with the terms of their contract. An equitable remedy available for breach of contract.