Equitable Remedies
Specific Performance
An equitable remedy ordering a party to perform a contractual obligation rather than merely pay damages.
Plain-English definition
Specific performance is used when money is not an adequate substitute for the promised performance. It is most common with unique property, closely held business interests, or obligations where a damages award would not put the plaintiff in the right position.
How it works
Courts consider contract certainty, adequacy of damages, fairness, feasibility of enforcement, and equitable defenses before ordering performance.
Why it matters
Specific performance changes a contract case from money compensation to a court-supervised command to do the promised act.
Related terms
More in Equitable Remedies
Preliminary Injunction
A court order requiring or prohibiting action while the lawsuit is pending, granted only on a strong showing of likelihood of success and irreparable harm.
Temporary Restraining Order
An emergency court order, often issued without notice to the opposing party, that lasts only days until a preliminary injunction hearing.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.