What is "specific performance"

specific \spe*cif"ic\ (sp[-e]*s[i^]f"[i^]k), a. [F. sp['e]cifique, or NL. spesificus; L. species a particular sort or kind + facere to make. Cf. specify.]

1. Of or pertaining to a species; characterizing or constituting a species; possessing the peculiar property or properties of a thing which constitute its species, and distinguish it from other things; as, the specific form of an animal or a plant; the specific qualities of a drug; the specific distinction between virtue and vice.

   Specific difference is that primary attribute which distinguishes each species from one another.
   --I. Watts.

2. Specifying; definite, or making definite; limited; precise; discriminating; as, a specific statement.

3. (Med.) Exerting a peculiar influence over any part of the body; preventing or curing disease by a peculiar adaptation, and not on general principles; as, quinine is a specific medicine in cases of malaria. In fact, all medicines will be found specific in the perfection of the science. --Coleridge. Specific character (Nat. Hist.), a characteristic or characteristics distinguishing one species from every other species of the same genus. Specific disease (Med.)

   1. A disease which produces a determinate definite effect upon the blood and tissues or upon some special tissue.

   2. A disease which is itself uniformly produced by a definite and peculiar poison or organism.

      Specific duty. (Com.) See under Duty.

      Specific gravity. (Physics) See under Gravity.

      Specific heat (Physics), the quantity of heat required to raise the temperature of a body one degree, taking as the unit of measure the quantity required to raise the same weight of water from zero to one degree; thus, the specific heat of mercury is 0.033, that of water being 1.000.

      Specific inductive capacity (Physics), the effect of a dielectric body in producing static electric induction as compared with that of some other body or bodies referred to as a standard.

      Specific legacy (Law), a bequest of a particular thing, as of a particular animal or piece of furniture, specified and distinguished from all others.
      --Wharton.
      --Burrill.

      Specific name (Nat. Hist.), the name which, appended to the name of the genus, constitutes the distinctive name of the species; -- originally applied by Linn[ae]us to the essential character of the species, or the essential difference. The present specific name he at first called the trivial name.

      Specific performance (Law), the peformance of a contract or agreement as decreed by a court of equity.

n. the performance of a legal contract as specified by its terms

Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a similar effect to specific performance.

Under common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. However, the court of equity developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. However, in the case of personal performance contracts, it may also be ensured through the threat of proceedings for contempt of court.

Orders of specific performance are granted when damages are not an adequate remedy and in some specific cases, such as land sale. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy depends on whether it is appropriate in the circumstances of the case.