Get help with accessInstitutional accessAccess to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways: Show
IP based accessTypically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account. Sign in through your institutionChoose this option to get remote access when outside your institution. Shibboleth / Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator. Sign in with a library cardEnter your library card number to sign in. If you cannot sign in, please contact your librarian. Society MembersSociety member access to a journal is achieved in one of the following ways: Sign in through society siteMany societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society. Sign in using a personal accountSome societies use Oxford Academic personal accounts to provide access to their members. See below. Personal accountA personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions. Some societies use Oxford Academic personal accounts to provide access to their members. Viewing your signed in accountsClick the account icon in the top right to:
Signed in but can't access contentOxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian. Institutional account managementFor librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.
Updated: August 28, 2021 When there is a breach of contract, the non-breaching party typically sues for monetary damages. There is a specific performance of a contract. In some instances, that party would rather have the court force the other party to comply with the terms of the agreement. In that situation, the non-breaching party can ask the court to grant the “specific performance” of the contract. While many litigants would prefer specific performance over money, the requirements for obtaining specific performance are stringent as courts generally prefer to award monetary damages for a breach. WHAT IS SPECIFIC PERFORMANCE?Specific performance is a type of equitable remedy available in a breach of contract action. It is a remedy based on the concept of fairness. Specific performance recognizes that money may not adequately compensate the non-breaching party in certain situations. When appropriate, the court orders the breaching party to perform its obligations under the terms of the contract, such as delivering the goods or services promised in the agreement. Specific performance is an alternative to seeking monetary damages as compensation for losing the benefit of a contract. Monetary damages are a type of legal remedy with its own set of requirements. HOW TO OBTAIN SPECIFIC PERFORMANCEIn order to obtain specific performance in New York, the non-breaching party must prove four elements: (1) there is a valid and enforceable contract between the parties; (2) the non-breaching party is “ready, willing, and able” to perform their obligations under that contract; (3) the breaching party can perform the contract but has failed to do so; and (4) there is no other adequate remedy at law. Specific performance is typically awarded when money cannot adequately compensate the injured party and when the contractual obligation is unique or difficult to value. EXAMPLESAn award of specific performance is most common in the following situations:
DEFENSESTypically, a defendant will try to argue that monetary damages are available and that there is a method to calculate damages with a reasonable degree of accuracy. However, even if the plaintiff has an available remedy at law, specific performance may be granted if the court determines that the remedy at law is not as “certain, prompt, complete and efficient” as the remedy in equity. As an equitable remedy, a defendant can also defend against an award of specific performance if they can demonstrate serious unfairness, undue hardship or unreasonable prejudicial delay. A breach of contract can give rise to different remedies depending on the circumstances. It is important to consult an attorney before entering into any agreements and prior to bringing a lawsuit in order to protect your rights and seek appropriate recovery for your losses. NoticeThis Blog is made available by Romano Law PLLC for general informational and educational purposes only, not to provide specific legal advice. By using this Blog you understand that there is no attorney client relationship between you and Romano Law PLLC or any individual contributor. You should consult a licensed professional attorney for individual advice regarding your own situation. When a court will order specific performance?Courts will enforce specific performance only if the underlying contract was “fair and equitable.” It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.
In which of the following situations will a court grant specific performance?A court may order specific performance when monetary damages aren't enough to compensate the injured party.
In which circumstances would a buyer most likely sue for specific performance?Buyer's Suing for Specific Performance
The buyer may pursue specific performance if the seller is unwilling to carry out his or her obligations under the contract. Specific performance is allowed in real estate contracts because each parcel of land is unique and monetary damages are not adequate.
When a court orders specific performance as a remedy it is ordering that?A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels.
|