Understanding the Remedy of Specific Performance

In Arizona, one of the remedies available to a party who has been the victim of a contract  breach is specific performance. Specific performance, as opposed to the alternative remedy of monetary damages, refers to the situation where a court orders the breaching party to honor his or her obligations under a contract - in other words, to perform as agreed.

Specific performance is not always available as a remedy and sometimes specific performance is not desirable outcome in light of changed circumstances. In some circumstances involving unique goods or other situations where money damages will not be sufficient to compensate the nonbreaching party, specific performance may be pursued. For example, if you enter into a contract to purchase a rare, vintage automobile and the seller later refuses to honor the agreement, you may be able to sue the seller to obtain an order from the court requiring the  seller to complete the sale pursuant to the agreed-upon terms.

If you have questions regarding specific performance or any other contract law issue don't hesitate to contact an experienced Arizona contract law attorney.