Specific Performance

Specific Performance Remedy.

Under Iowa and Illinois law there is one remedy for a breach of contract that may be allowed by the Courts that is unique.  Specific performance relates to a contract which is claimed to have been breached. An action for specific performance requests the court to order a party to comply with their contractual obligation. The contract may relate to personal or real property. A court will grant such relief only when monetary damages are inadequate to remedy the situation.

Specific performance is often used in contracts for the sale of land, but can apply in other circumstances as well.

In the vast majority of civil suits, the plaintiff is seeking cash, known as monetary damages. For example, if someone signs a real estate contract to sell you a piece of land , but then the owner refuses to sign transfer documents or give up possession. While money works in most lawsuit cases, land is unique and payment of money is not an adequate remedy. The buyer may seek specific performance to get a Court to order the land transferred yto you and the owner to sign all legal documents to do so. . When a court grants specific performance, the defendant has to do whatever it was he promised to do.

 

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