Intro to Paralegal Studies Practice

What does specific performance require from a party?

1. To cease a specific act

2. To fulfill their contractual obligations

3. To pay damages for a breach

4. To negotiate a contract amendment

The correct answer is: To fulfill their contractual obligations

Specific performance is a legal remedy often sought in contract law, requiring a party to fulfill their contractual obligations as agreed upon in the contract. This remedy is typically utilized in situations where monetary compensation would not adequately address the harm caused by the breach, such as in cases involving unique goods or real estate. Courts may order specific performance when the subject matter of the contract is substantive and not easily replaced, thereby compelling the non-compliant party to carry out their end of the agreement rather than simply paying damages or seeking other remedies. Other options like ceasing a specific act or negotiating a contract amendment do not align with the essence of specific performance, which specifically targets the execution of agreed-upon actions rather than altering the contract or stopping behaviors. Additionally, while paying damages addresses the consequences of a breach, it does not fulfill the original contractual duties, hence diverging from the primary nature of specific performance.