ABSTRACT
Specific performance is an equitable remedy in relation to the enforcement of contracts. An award of specific performance compels the defendant to perform her contractual obligations. As with all equitable remedies, its award depends on common law remedies, such as an award of damages, being insufficient in the circumstances. Consequently, it would be difficult to suggest that it should be entitled to rescission, whereas the other party ought to be entitled to specific performance of the contract to realise the profit which arose from its superior research and market knowledge. Therefore, in relation to a contractual obligation to provide portering services in relation to a block of flats, it was held that the obligations to maintain central heating and to remove refuse would be capable of specific performance. Specific performance is refuses on the basis that specific performance of the particular contract is inappropriate, perhaps because it would be contrary to public policy.
