Specific Performance For Contract Cases

State:
Alabama
Control #:
AL-1107A
Format:
Word; 
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Description

This is a sample complaint for Specific Performance of a contract for the purchase/sale of personal property.

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A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts.

INTRODUCTION. Specific Performance is mostly sought in case of a breach of contract resulting in damages or losses for one of the parties to the contract. Instead of compensation in lieu of the losses accrued, the aggrieved party may approach the Court in order to enforce a specific part of the contract.

A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.

Specific Performance of Contracts For example, if A agrees to sell certain shares to B of a specific company which are limited in number and after the payment made by B, if A refuses to sell the shares then B is entitled to recovery of those shares.

(4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part.

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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. Thus a court of equity decrees performance of a contract for land not.In most cases, specific performance is only awarded when damages would not be an adequate remedy. Specific performance is a remedy in which a Court requires a party to perform a particular act, more often than not what is set in a contract. Specific performance remedies require taking a hard stance as to the language in the contract. Specific performance is a rather unique remedy that is available in a limited set of breach of contract circumstances. To be awarded specific performance, a buyer must first succeed on their claim for breach of contract. The buyer sued for specific performance.

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Specific Performance For Contract Cases