Otherwise, a particular service would be an appropriate remedy; and for a court to be able to grant a particular service as a remedy, several conditions must be met: in addition, under section 50 of the Higher Courts Act 1981, the High Court of England and Wales has the discretion to award damages to a claimant instead of a particular performance (or injunction). Such damages are normally assessed on the same basis as damages for breach, i.e. in order to put the claimant in the situation in which he would have found himself if the contract had been performed. Civil courts order a particular service in cases where financial compensation may not be the fairest remedy. The time limit applies in particular to cases of breach of contract. In these cases, the burden of proof lies with the plaintiff to prove that it is not rendered “whole” by pecuniary damages alone. Instead, the court will ask the defendant to do what they promised in the contract. These cases are unusual because most monetary damages satisfy the plaintiff`s cause in a reasonable manner. In other words, a court may order a particular performance in the form of replevin (transfer of actual goods) as compensation in a contractual dispute if the cash damages are insufficient. In the legal literature, there is an ongoing debate about the advisability of a particular achievement. Economists generally believe that specific performance should be reserved for exceptional environments, as it is expensive to manage and can discourage promisers from engaging in an effective breach.
Professor Steven Shavell, for example, argued that a particular service should only be reserved for transfer of ownership contracts and that, in all other cases, pecuniary damages would be higher. [9] On the other hand, many lawyers from other philosophical traditions believe that a particular service should be preferred because it is closest to that promised in the Treaty. [10] Empirical research also raises uncertainty as to whether specific performance offers a higher value to promises than pecuniary damages given the difficulties of execution. [11] The specific service is a fair remedy in contract law, where a court makes an order requiring a party to perform a specific act, for example. B conclude the performance of the contract. It is usually available in land sale law, but otherwise not generally available if damage is an appropriate alternative. A specific service is almost never available for personal service contracts, although the service can also be provided by the threat of contempt of court lawsuits. “Specific enforcement involves an order that requires a party to take a measure or do something required under the contract.” Here are some examples of common situations where a court orders a particular service: As a general rule, a particular benefit is granted when damages are not an appropriate remedy, for example in cases where the subject matter of the contract is unique or where the damage cannot be measured with sufficient certainty. Courts may require defendants in contractual disputes to effectively fulfill the contractual obligations originally agreed upon if it is determined that money alone cannot solve the problem. This is called a specific performance in a real estate contract for the sale of a unique beachfront property in Florida, the court can order specific performance if the seller violates the contract by withdrawing the sale. Even if the seller offers money instead of ownership (a general solution), the court may insist that the seller give the buyer the land in accordance with the contract (specific service). Specific performance: A court ordered an appeal requiring the infringing party to actually perform the contract.
A specific service is a specialized remedy used by the courts when no other remedy (e.B. money) adequately compensates the other party. If an appeal puts the injured party in the situation it would have enjoyed if the contract had been fully performed, the court will instead make use of this option. The most common reason why courts award a particular service is that the subject matter of the contract is unique when it is not just money or when the actual amount of damages is unclear. .
