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http://www.kinseylaw.com/attyserv/civil/complaints/specificperform.html
COMPLAINT FOR SPECIFIC PERFORMANCE AND ALTERNATIVELY FOR BREACH OF CONTRACT: Plaintiff complains and for causes of action alleges as follows: FIRST CAUSE OF ACTION (Specific Performance) 1. Plaintiff, _____ [name], is an individual and is now, and at all times mentioned in this complaint was, a ...
https://www.uscourts.gov/forms/pro-se-forms/complaint-specific-performance-or-damages-based-contract-convey-real-property
The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense. Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases.
https://www.mitchell-attorneys.com/specific-performance
Finally, specific performance is only available if monetary damages do not adequately compensate the non-breaching party for his loss. Consequently, the general rule is that specific performance can be obtained in only two situations. First, specific performance may be suitable when the subject matter of the contract is “unique” in its nature.
https://stanprowse.com/specific-performance
Specific Performance a Remedy for Breach of Contract. Specific performance is the name of a remedy for breach of contract. The usual remedy is money damages. Say you buy a house for $400,000. You’re thrilled, because you think it’s really worth $450,000. Before escrow closes, the seller realizes he’s made a …
https://contracts.uslegal.com/breach-and-remedies/specific-performance/
Specific performance is an action to compel a party who breached a contract to perform the contract as promised. The subject matter of the contract must be unique, or an action for damages would be the proper remedy. Actions for specific performance are usually allowed with regard to a contract involving the sale of particular real estate; and a contract for sale of a particular business.
https://www.jonathancooperlaw.com/blog/specific-performance--solution-to-your-new-york-breach-of-contract-.cfm
Jan 01, 2016 · Fortunately for companies like Macy’s, a court can order specific performance when an award of money is not sufficient to protect the injured party in a breach of contract. This type of relief requires the party that committed the breach to fulfill its end of the agreement.
https://www.mpamag.com/news/the-5-steps-to-prosecute-a-successful-lawsuit-for-specific-performance-7581.aspx
Mar 15, 2012 · Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract.
https://smallbusiness.findlaw.com/business-contracts-forms/what-is-specific-performance-as-a-legal-remedy.html
This is called specific performance. Specific Performance: Overview. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then ...
https://www.floridabar.org/the-florida-bar-journal/specific-performance-of-real-estate-contracts-legal-blackmail/
It is virtually impossible to obtain title insurance necessary to convey title while an action for specific performance is pending. In effect, this can be a form of “legal blackmail.” Because the law treats each parcel of real property as unique, often a claim for damages for breach of …
https://www.uslegalforms.com/ca/CA-5027-KL.htm
This form is a Complaint for Specific Performance and in the Alternative for Breach of Contract. Plaintiff requests from the court that defendant specifically perform the contract and deliver the real property as provided in the agreeement or in the alternative, issue compensatory damages for breach of contract.
https://www.uslegalforms.com/contracts/breach-of-contract.htm
A breach of contract complaint is the answer when you need to sue another party for failure to perform duties under the contract. Does someone owe you money? US Legal Forms offers the breach of contract forms and breach of contract samples you need to win in all types of contract matters.
https://www.rflawyers.com/specific-performance-of-massachusetts-real-estate-contracts/
Specific Performance of Massachusetts Real Estate Contracts Posted on February 19, 2015. When there is a breach of certain types of contracts, the aggrieved party may seek the equitable remedy of specific performance, that is, a court order compelling the breaching party to undertake to perform or to complete performance of such party’s obligations under the contract.
https://civil.sog.unc.edu/separation-and-property-settlement-agreements-when-does-breach-by-one-party-excuse-performance-by-the-other/
Even if the provisions are dependent, a breach also must be substantial to relieve the other party of contractual obligations. An immaterial breach will not excuse performance. To be substantial and material, the breach must “substantially defeat the purpose of the contract or be characterized as a substantial failure to perform.” See Long v.
https://www.katzlawgroup.com/breach-of-contract-by-a-builder
A remedy is the actual "fix" to your problem and the breach of the contract. It can occur by the agreement at an early stage, or as the result of the judge's or jury's decision at trial. Specific Performance "Specific performance" is a legal term which means that the breaching party is …Location: 5 Mount Royal Ave. Suite 380, Marlborough, 01752
http://www.kinseylaw.com/clientserv2/civillitigationserv/specificperform/specificperformance.html
Overview. Specific performance is an alternative equitrable remedy to a cause of action for breach of contract. Hence, the statement of a cause of action in a suit for specific performance calls for two kinds of allegations: those that establish the right to recover for breach of contract, and those that are essential to the granting of the equitable remedy of specific performance.
http://www.delmarlearning.com/companions/content/1428323449/downloads/Exhibits_4-1_thru_4-4.pdf
The elements making up the specific performance cause of action are: Existence of the contract; As well as containing the elements listed in [Breach of Contract], the complaint must also state that performance of the contract was possible for both parties. That the plaintiff has performed his …
https://legaldictionary.net/breach-of-contract/
Dec 01, 2014 · Breach of contract is an unjustifiable failure by one party to perform his terms of a contract. ... This enables Jane to sell the sewing machine to someone else, or potentially file a lawsuit against Amanda for breach of contract. Specific Performance. ... In its breach of contract complaint, ...
https://zitesman.com/breach-of-contract/
Jan 09, 2015 · Seller Breach. Seller breach of contract usually refers to the seller deciding not to sell the property to the buyer pursuant to the executed contract. The remedy for the buyer is to force the sale by an action for specific performance. In theory, this makes perfect sense because each property is unique.Location: 5115 Parkcenter Avenue, Dublin, 43017, OH
https://blog.ipleaders.in/specific-performance-of-a-contract/
Specific performance is a discretionary order made by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. Specific performance can refer to any kind of forced action, though it is usually enforced so as to complete a transaction that …Author: Sanjana Tripathy
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