What Is Specific Performance in Contract Law?

Specific performance is a court order forcing someone to fulfill their contractual obligations exactly as promised, rather than just paying damages. The court compels the breaching party to actually perform what they agreed to do.

It’s a rare and powerful remedy that courts only grant when money damages aren’t adequate compensation.

Unique Subject Matter: The item or property is one-of-a-kind and can’t be replaced. Real estate is the most common example: property may be considered unique.

Damages Are Inadequate: No amount of money can truly compensate you because you can’t simply buy a substitute. What was promised has special value that can’t be measured in dollars.

Valid Contract with Clear Terms: The contract must be enforceable with definite, unambiguous terms that the court can order performed.

You’ve Performed Your Part: You must have fulfilled or be ready to fulfill your own obligations. Courts won’t help you if you haven’t held up your end of the deal.

Courts may order specific performance for rare collectibles or antiques, one-of-a-kind artwork, custom-made items that can’t be duplicated, or shares in private companies that can’t easily be valued or replaced.

Damages give you money to compensate for the breach. Specific performance gives you the actual thing you bargained for.

Most breach cases result in damages because money adequately compensates. Specific performance is reserved for situations where money isn’t enough.

Even when available, consider whether you actually want to force performance from someone unwilling to cooperate, whether the relationship is too damaged, or whether accepting damages and moving on is simpler.

You generally have two years from discovering the breach to file a specific performance claim in Ontario. Don’t delay.

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