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Encyclopedia Britannica - Main :: SOU-STE |
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SPECIFIC PERFORMANCE , an equitable doctrine
court
equity
damages , would not be a sufficient compensation, orders from a defaulting party a specific or actual performance of the thing which he had contracted to do. The courts act on their own discretion in affording or refusing the relief of specific performance, and as a general rule
court
contract for the sale of a chattel the courts will only order specific performance when the chattel is of peculiar value to the purchaser and cannot be obtained elsewhere. The courts are guided considerably by precedent, and it is only by reference to a standard textbook that details can be obtained of the conditions and restrictions which hedge the jurisdiction of the courts. In Scots law specific performance, or " implement," is part
ordinary jurisdiction of the courts.See Fry on Specific Performance; Ency. English Law, tit. " Specific Performance "; and Story, Equity
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