LEGAL PRINCIPLE: EQUITY AND TRUSTS – Specific Performance – Nature and Availability of Remedy
PRINCIPLE STATEMENT
A decree of specific performance is a form of relief that is purely equitable in origin; the fundamental rule is that specific performance will not be decreed if there is an adequate remedy at law, that is to say, where the plaintiff would be adequately compensated by the common law remedy of damages; furthermore, contracts which are personal in nature or which involve the performance of personal service will not be specifically enforced.
RATIO DECIDENDI (SOURCE)
"A decree of specific performance is a form of relief that is purely equitable in origin. The fundamental rule is that specific performance will not be decreed if there is an adequate remedy at law, that is to say, where the plaintiff would be adequately compensated by the common law remedy of damages. Furthermore, contracts which are personal in nature or which involve the performance of personal service will not be specifically enforced."
EXPLANATION / SCOPE
Specific performance is equitable remedy subject to limitations: (1) Inadequacy of damages: Available only when damages don’t adequately compensate—typically for unique property (land, unique goods, special chattels) where monetary compensation is insufficient. If damages adequately compensate: specific performance denied, plaintiff limited to damages, and equitable remedy unnecessary. (2) Personal service exclusion: Contracts involving personal services (employment, artistic performance, personal skill) aren’t specifically enforced—courts won’t compel personal service, forced labor violates policy, and damages/injunction are alternative remedies. This serves: equitable principles (intervention only when law inadequate), practical concerns (enforcing personal service is problematic), and respecting personal freedom (no forced service). “Adequate remedy at law” test asks: can damages properly compensate? is specific property/performance essential? would damages leave plaintiff substantially whole? Specific performance is appropriate for: land contracts (land is unique), unique goods sales, contracts without adequate damage measurement. It’s inappropriate for: ordinary goods (damages adequate), personal service contracts (no forced service), and contracts where damages suffice. As equitable remedy: it’s discretionary (courts may refuse even when available), subject to equitable defenses (laches, unclean hands), and granted only when just and appropriate.