Legal Definitions - specific remedy

A specific remedy is a type of court order that compels a party to perform a particular action or to refrain from a particular action, rather than simply paying monetary damages. It is typically granted when monetary compensation would not adequately resolve the harm suffered by the wronged party, often because the subject matter of the dispute is unique, irreplaceable, or involves preventing ongoing harm.

• Example 1: Real Estate Contract Breach

  Imagine a situation where a buyer enters into a contract to purchase a specific historic building in a downtown area. Before the sale is finalized, the seller receives a much higher offer and attempts to back out of the original agreement. The buyer, who specifically wanted that unique building for its historical significance and location, could seek a specific remedy known as specific performance.

  This illustrates a specific remedy because the buyer is not asking for money to cover the lost deal. Instead, they are asking the court to order the seller to complete the sale of that exact, unique building as originally agreed. Monetary damages would not adequately compensate the buyer for the loss of that particular, irreplaceable property.

• Example 2: Intellectual Property Infringement

  Consider a small business that has developed a unique software algorithm and holds a patent for it. A larger competitor begins using an identical algorithm in their own product, directly infringing on the patent. The small business wants to stop the competitor from continuing to use their patented technology.

  In this scenario, the small business would likely seek an injunction, which is a specific remedy. They would ask the court to issue an order compelling the competitor to immediately cease using the patented algorithm. This is a specific remedy because it requires the competitor to perform a specific action (stop using the algorithm) rather than just paying money for past damages, aiming to prevent further harm and protect the unique intellectual property.

• Example 3: Breach of Contract for Unique Goods

  Suppose a collector contracts to purchase a rare, signed first edition of a classic novel from a bookseller. Before delivery, the bookseller decides to sell the book to another collector for a higher price. The original collector specifically wanted that particular signed edition because of its rarity and sentimental value, not just its monetary equivalent.

  The collector could sue for specific performance. Since the book is a unique item that cannot be easily replaced, monetary damages might not fully compensate the collector for the loss of that specific, irreplaceable item. The court could order the bookseller to deliver the exact signed first edition to the original buyer as per the contract, compelling a specific action rather than just awarding money.