Legal English – Peter’s Pills – Lesson 70 – Specific performance

Legal English for Notaries - By Federnotizie

Specific performance

Transcript:

Hello! Today we look at specific performance.

This is a legal remedy available in contract law that requires a party to fulfil (adempiere) their obligations under a contract as agreed upon by both parties.

Specific performance (l’esecuzione in forma specifica) is a court-ordered remedy where a party is required to perform (adempiere) its contractual obligations as promised. It is typically sought (cercato/richiesto) when monetary damages (risarcimento) are insufficient to compensate for a breach of contract.

To obtain specific performance, the following conditions must be met:

  • There must be a valid and enforceable (azionabile) contract between the parties;
  • One party must have breached (violato) the contract by failing to perform (non adempiendo) their obligations;
  • It must be feasible (fattibile) for the court to enforce the specific terms of the contract;
  • Damages in the form of monetary compensation would be inadequate to remedy the breach.

Specific performance may be granted in contracts involving unique goods, real estate, or services with no adequate substitute. For instance, a court may order the sale of a unique piece of artwork or compel (costringere) a seller to transfer ownership of real property and decide that monetary compensation is not an adequate remedy as a substitute for this artwork or real estate. Specific performance serves as a vital tool (strumento) for enforcing contractual obligations when monetary compensation alone is insufficient.

Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.


See more on specific performance here: “Expecting Specific Performance” (. PDF).


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