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Specific Performance

Full Video Transcript

In many lawsuits, the person suing is looking for money to help remedy some sort of wrong. However, there are times when money is not adequate. Specific performance is a remedy that requires a defendant to actually go through with or finish a certain action that was promised instead of paying money. This is what is known as an equitable remedy. The plaintiff must demonstrate that money will not fix the breach. For example, if a plaintiff has a contract to buy an original piece of art and the defendant decides not to go through with the sale, a court order to pay the plaintiff will not give the plaintiff what he or she wanted – the original piece of art. The court could require specific performance, and the defendant would have to sell the plaintiff the art as originally agreed.

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