Dana  Taschner HomepageDana Taschner - BackgroundDana Taschner - Areas of PracticeDana Taschner - NewsContact Us  
Los Angeles Lawyer Dana B. Taschner

 

DANA B. TASCHNER

"Lawyer of the Year Award...Through your outstanding leadership and advocacy, you have provided the voice of justice in protecting the basic human rights of your clients."
- California Governor, Gray Davis

Los Angeles Lawyer is a resource about the law and Los Angeles, with information about legal topics like personal injury and consumer protection. Los Angeles Lawyer is not affiliated with the City of Los Angeles, Los Angeles City Attorney, County of Los Angeles, or the Los Angeles County Attorney. Los Angeles Lawyer should not be considered legal advice.

 
 

Specific Performance

 
 

In the law of remedies, a specific performance is a demand of a party to perform a specific act. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction. It is the opposite of an injunction. Under the common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. However, the courts 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 or personal property. Specific performance is often guaranteed through the remedy of a writ 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.

In practice, specific performance is most often used as a remedy in transactions regarding land, such as in the sale of land. As well, it is also seen in transactions regarding chattels of unique value, such as art, heirlooms, and other unique items.

However, the limits of specific performance are narrow. The courts rarely allow specific performance to be used in the sale of goods. Usually damages equal to the value of the goods are awarded instead. Moreover, performance that is based on the personal judgment or abilities of the party on which the demands are made is rarely ordered by the court. The reason behind it is that the forced party will often perform below their regular standard when it is in their ability to do so. Monetary damages are usually given instead.

In cases where the ownership of land is in dispute, the plaintiff can often obtain a certificate of lis pendens to advise any prospective purchaser of the property that the person holding legal title may not have good equitable title to the property. However, if the plea for specific performance is denied, filing such a lis pendens constitutes a slander of title, which may allow the defendant to sue for any profit lost from his inability to sell the land.

Wikipedia article (the free online encyclopedia) reproduced under the terms of the GNU (General Public License) Free Documentation License.

 
 
HOME    BACKGROUND    AREAS OF PRACTICE    ABOUT LAWSUITS     CONTACT US   TERMS OF USE