Specific performance (England and Wales)
Specific performance is a term from Anglo-American law for breach of contract and denotes a claim for non-performance of a contract that is not directed towards a monetary benefit.
Unlike looking to cash compensatory damages ( damages ) the condemnation committed to specific performance for the (re) meet in the flesh. This is especially true if damages not (sufficiently adequate ) appears. The choice of remedy is at the discretion of the court, which will in particular not order a specific performance if this would mean an excessive encroachment on the debtor's freedom or the enforcement would represent a particular difficulty, for example because the provision of a personal service is owed is.
The requirements for the conviction of specific performance are regulated in English and US law as well as in the Vienna Sales Convention (CISG).
literature
- Guenter H. Treitel: Remedies for Breach of Contract. Clarendon Press 1988, p. 43 ff. (English)
- Jan M. Smits, Daniel Haas, Geerte Hesen (Eds.): Specific Performance in Contract Law. National and other Perspectives , 2008. Table of Contents (English)
Individual evidence
- ↑ Jens Kleinschmidt: Right to fulfill the dictionary of European private law (HWB-EuP) 2009, accessed on October 19, 2019
- ^ Florian Bien: Comparative Law II: Individual Institutions. Claim to fulfillment and obligation to fulfill, Contrainte à l'exécution de l'obligation, Breach of Contract and the Right to Require Specific Performance. IV. Anglo-American law, University of Würzburg 2017, pp. 31–35
- ↑ Ryan v. Mutual Tontine Westminster Chambers Association (1893): The defendant landlady had promised to employ a porter.
- ↑ Sec. 52 Sale of Goods Act (1979, UK)
- ↑ § 2-716 Uniform Commercial Code