Simple English definitions for legal terms
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Specific Relief: A court-ordered remedy that requires someone to fulfill a legal or contractual obligation when monetary damages are not enough. This is often used when something unique, like real estate or a rare item, is involved. It is different from just getting money because it enforces the actual terms of the agreement. If someone doesn't follow the court's order, they can be punished.
Specific relief, also known as specific performance, is a legal remedy that requires the precise fulfillment of a legal or contractual obligation when monetary damages are not enough. This remedy is often used when the sale of real estate or a rare item is involved.
Specific performance is an equitable remedy that a court can award when the common-law remedy is insufficient. This is because damages would be inadequate or because the damages could not be established. The court can order the party to fulfill their obligation according to the terms of the contract. If the party fails to comply, they may be held in contempt of court and imprisoned until they comply with the court's order.
For example, if a seller agrees to sell a rare painting to a buyer, but then decides not to sell it, the buyer can seek specific performance. The court can order the seller to sell the painting to the buyer according to the terms of the contract.
Another example is if a landlord agrees to rent a specific apartment to a tenant, but then decides not to rent it. The tenant can seek specific performance, and the court can order the landlord to rent the apartment to the tenant according to the terms of the contract.