Legal Definitions - in forma specifica

in forma specifica

"In forma specifica" is a Latin legal term that refers to a type of remedy where a court orders a party to perform a specific action exactly as it was originally agreed upon or specified, rather than simply paying monetary compensation for a breach. It means fulfilling an obligation in its precise, intended form.

• Example 1: Real Estate Transaction

  Imagine a buyer contracts to purchase a unique historic house with specific architectural features. Before closing, the seller decides they no longer want to sell. Instead of just seeking monetary damages (like the difference in value or costs incurred), the buyer might ask a court to order the seller to complete the sale of that specific house as originally agreed. This is an example of seeking performance "in forma specifica" because the buyer wants the exact property, not just money.

• Example 2: Commissioned Artwork

  A prominent art collector commissions a renowned sculptor to create a one-of-a-kind piece for their gallery, specifying the exact dimensions, materials, and thematic elements. If the sculptor breaches the contract and refuses to create the artwork, the collector might seek a court order compelling the sculptor to complete that specific sculpture according to the agreed-upon design. This illustrates "in forma specifica" because the collector desires the unique artwork itself, not merely a refund or compensation to commission a different artist.

• Example 3: Custom Manufacturing Contract

  A company orders a highly specialized piece of machinery, custom-built to unique specifications crucial for their production line, from a manufacturer. The contract details the precise design, materials, and performance capabilities. If the manufacturer delivers a machine that deviates significantly from these specifications, the company might seek a court order requiring the manufacturer to rebuild or modify the machinery to conform exactly to the original, agreed-upon design and specifications. This demonstrates "in forma specifica" because the company needs the equipment built in the precise, specified form to function correctly within their operations.