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.1 The role of specific performance as a residual, discretionary remedy applied where damages are inappropriate was explained by Lord Hoffman in Cooperative Insurance v Argyll:2
Specific performance relates to the performance of contracts. As considered below, the aim of the remedy is to require the parties to carry out their contractual obligations. The remedy is in the discretion of the court and may be displaced in
situations in which such performance is impracticable, or in relation to specified categories of contract set out below.
