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Specific Performance

Valid Contract



The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. The terms of the contract must be definite and certain. This is significant because equity cannot be expected to enforce either an invalid contract or one that is so vague in its terms that equity cannot determine exactly what it must order each party to perform. It would be unjust for a court to compel the performance of a contract according to ambiguous terms interpreted by the court, since the court might erroneously order what the parties never intended or contemplated.



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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Special power to Strategic Lawsuits against Public ParticipationSpecific Performance - Valid Contract, Plaintiff's Conduct, Inadequate Legal Remedy, Supervision Of Performance, Defenses - Right to Specific Performance