Performance v Specific Performance

Performance v Specific Performance

par Bastide Souad,
Nombre de réponses : 0

Chers étudiants,

Suite au cours de ce vendredi matin, vous trouverez ci-dessous quelques  précisions concernant la différence entre Performance and Specific performance.

Kind Regards

English Teachers


Performance:

Performance is, simply put, the carrying out of contract obligations. By performing the obligations of a contract the party is discharged of future liabilities under the contract. When both parties complete their performance the contract is effectively ended. The performance is only completed if the actions of the parties match the obligations set out by the contract. 

Specific Performance

Specific performance is an equitable remedy in contract law. This means that the court has become involved, due to a dispute over performance, and orders one or more of the parties to carry out their obligations under the contract. 

It is quite commonly used in business contracts when the sharing of confidential information is required to be shared between parties and also in real property transactions. 

Example: Sale of a house - Party A offers to buy Party B's house. Party B accepts this offer and a contract for sale is entered into. However, at a later date, Party B decides to retain possession of the house and does not turn over possession of the property as required by the contract. Party A has a right to seek redress with the courts and the court may order that Party B carries out their obligation of transfer of possession of the house to Party A.