Remedies / Specific Performance

• Specific performance is where the court compels the D’s to do something.
• Specific performance is used where damages would be inadequate, for example unique property such as land. 

  They may also be used if damages would be nominal (Beswick v Beswick).
•  specific performance is an equitable remedy, so it is at the courts discretion.  
• • Specific performance will not normally be granted for personal services or employment. 
  • Under s236 of the Trade Union and Labour Relations Act 1992 ‘no court shall by way of … specific performance,… or an injunction… compel any employee to do any work’. 
  • However, there has been an exception where the employment relationship has not broken down (Irani v Southampton AHA). 
• Specific performance will not normally be granted in contracts which require monitoring of an ongoing obligation (Ryan v Mutual Tontine, ).
• • Specific performance will not normally be awarded where it would cause hardship (Patel v Ali).
• Specific performance will not normally be awarded where the contract was obtained unfairly or through taking advantage of the other party’s mistake (Walter v Morgan).