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Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
The "specific performance" exists when there is an exchange under a contract that can not be found easily elsewhere or at all, such as antiques, parcels of land. Damages are often bifurcated or determined in a separate trial or as a part in parcel of different determination from whether a certain tort or contract has occurred.
Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant. The award of specific performance requires that the two following criteria must be satisfied: [9] (i) Common law damages must be an inadequate remedy. For instance, when damages for a breach of contract found in favour of a ...
The performance test or "PT" is a section of bar examinations in the United States that is intended to mimic a real-life legal task that future lawyers may face. Of the three parts of most states' bar exams -- MBE, essay, and performance test—the performance test is supposed to be the most reflective of how well a candidate will perform outside of an academic setting.
Both an order for specific performance and an injunction are discretionary remedies, originating for the most part in equity. Neither is available as of right and in most jurisdictions and most circumstances a court will not normally order specific performance. A contract for the sale of real property is a notable exception.
The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law. The law governing transactions involving the sale of goods has become highly standardized nationwide through widespread adoption of the Uniform Commercial Code .
The doctrine [1] of impossibility or impossibility of performance or impossibility of performance of contract is a doctrine in contract law.. In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract ...
A teacher may follow standardized curricula as determined by the relevant authority. The teacher may interact with students of different ages, from infants to adults, students with different abilities and students with learning disabilities. Teaching using pedagogy also involve assessing the educational levels of the students on particular skills.
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