ABSTRACT

Specific performance is the court's remedy to compel a party to perform a contractual obligation. There are no binding rules regarding when specific performance should be granted; however there are settled principles. Specific performance was not decreed since it was seen to be an order of futility and waste and one that was wholly disproportionate to the meagre and long-delayed benefit. There may be special circumstances in the case of building contracts where there is no element of a transaction in land where specific performance will be granted. In order for specific performance to be granted, there must be a complete, definite contract conferring on the claimant a right to performance of the obligation. The court will only award specific performance where it will do more perfect and complete justice than an award of damages. In order for a court to order specific performance, there must be mutuality of remedy.