Page 75 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
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Politeknik Kota Bharu
2.6.4 SPECIFIC PERFORMANCE
✓ Refer to an order from a court to a party to perform as
promised.
✓ Applied in breach of contract actions where monetary
damages are inadequate.
✓ A discretionary remedy, may not be granted where damages
will provide an adequate remedy.
✓ Suit for specific performance is by compelling the parties to
perform exactly what they had agreed in the agreement.
✓ When this option is selected, the party that broke the contract
is taken to court, with the plaintiff requesting that the court
force the defendant to perform the specific contract terms that
have not been performed or to refrain from engaging in some
activity that is prohibited by the contract.
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