specific performance: meaning, definition, pronunciation and examples
C2Formal, Technical, Legal
Quick answer
What does “specific performance” mean?
An equitable legal remedy ordering a party to a contract to perform exactly what was promised, rather than awarding damages.
Audio
Pronunciation
Definition
Meaning and Definition
An equitable legal remedy ordering a party to a contract to perform exactly what was promised, rather than awarding damages.
A court order compelling the fulfilment of a contractual obligation in kind, typically used when monetary compensation would be inadequate, such as for unique goods or real estate.
Dialectal Variation
British vs American Usage
Differences
The legal concept and terminology are identical. Minor procedural differences exist in how courts grant the remedy, but the term itself is used the same way.
Connotations
Conveys a powerful, court-enforced fulfilment of an obligation. It is a serious legal action, not a colloquial term.
Frequency
Used exclusively in legal contexts with similar frequency in both jurisdictions.
Grammar
How to Use “specific performance” in a Sentence
The court granted specific performance of the contract.The buyer sought specific performance for the sale of the unique painting.Specific performance was ordered because the land was considered unique.Vocabulary
Collocations
Examples
Examples of “specific performance” in a Sentence
verb
British English
- The judge ordered the vendor to specifically perform the contract.
- The court will compel specific performance.
American English
- The court mandated specific performance of the agreement.
- They were forced to specifically perform.
adverb
British English
- The contract was performed specifically as ordered (rare).
- N/A
American English
- N/A
- N/A
adjective
British English
- A specific-performance order was issued.
- The specific-performance remedy is discretionary.
American English
- They filed a specific-performance action.
- The specific-performance decree was final.
Usage
Meaning in Context
Business
Discussed in mergers & acquisitions or real estate deals where a party wants to force the completion of a transaction.
Academic
Studied in law schools as a core remedy in contract law courses.
Everyday
Virtually never used in everyday conversation.
Technical
The primary domain is legal drafting, litigation, and judicial opinions in contract law.
Vocabulary
Synonyms of “specific performance”
Strong
Neutral
Weak
Vocabulary
Antonyms of “specific performance”
Watch out
Common Mistakes When Using “specific performance”
- Using it as a verb (e.g., 'The court will specific performance the contract' – incorrect). It is a noun phrase. Confusing it with simply 'good performance' or 'specific details about a performance'.
FAQ
Frequently Asked Questions
No. It is a discretionary remedy granted only when monetary damages are inadequate, such as for unique items (land, artworks) or personal services, and where enforcement is practical.
Generally not for personal service contracts (e.g., forcing a singer to sing) due to the 13th Amendment (in the US) and practical difficulties, but courts may enforce negative covenants (e.g., preventing them from performing for a competitor).
Specific performance is a type of mandatory injunction for contractual obligations. Injunctions are broader and can prohibit or compel actions outside of contract (e.g., stop polluting).
It is a classic remedy originating in courts of equity, not common law courts which primarily awarded damages.
An equitable legal remedy ordering a party to a contract to perform exactly what was promised, rather than awarding damages.
Specific performance is usually formal, technical, legal in register.
Specific performance: in British English it is pronounced /spəˌsɪf.ɪk pəˈfɔː.məns/, and in American English it is pronounced /spəˌsɪf.ɪk pɚˈfɔːr.məns/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “None - it is a technical legal term.”
Learning
Memory Aids
Mnemonic
Think SPECIFIC = the exact thing; PERFORMANCE = doing it. A court orders the SPECIFIC PERFORMANCE of the exact duty promised.
Conceptual Metaphor
JUSTICE AS COMPELLED FULFILMENT. The law is metaphorically a force that makes a party physically complete their promised action.
Practice
Quiz
In which scenario is 'specific performance' MOST likely to be granted by a court?