Special performance

• Special performance is an order to complete contractual obligations.
• This is an equitable remedy - awarded when damages would be unjust or inadequate.
• Equitable remedies are not available if:

  • damages are adequate
  • the contract involves personal service and employment
  • the court cannot supervise the enforcement
  • laches (lapse of time between the discovery of the breach and any action)
  • where the C's hands are 'not clean'
• Airport International GP - specific performance was not ordered as it would force the company into liquidation
• Specific performance is rarely used as forcing a party to carry out a task may result in them doing it poorly.