ABSTRACT

By definition, specific performance is an order of the court compelling a party to a contract to perform his or her obligations according to the terms of the contract. Specific performance of a contract will usually be sought where one party wants the contractual relationship to continue despite the other party being in breach of the contractual obligations. It is a remedy compelling the performance of a pre-existing legal obligation where such enforcement is fair, reasonable and, most importantly, possible. In order for specific performance to be granted, it must be clearly shown that the contract is capable of being performed and that the parties are ready, willing and able to go ahead with the contractual obligations they undertook. Specific performance is a personal remedy because it is directed at the individual party who has breached the legal obligations. Traditionally, courts have been reluctant to issue a decree of specific performance where it can be proven that an award of damages would be adequate.