MBE Rules · Contracts
Specific performance
The rule
An equitable remedy compelling actual performance. Available when (1) damages are inadequate (unique subject matter — all land, unique goods), (2) terms are sufficiently definite, (3) mutuality of remedy, and (4) feasibility of enforcement. Not available for personal service contracts.
In plain English
Specific performance is when a court orders someone to do what they promised in a contract, instead of just paying money. This happens when money can't replace what's being promised, like a rare item or land.
Worked example
A buyer contracts to purchase a rare painting from a seller. The seller refuses to deliver it. Since the painting is unique and money can't replace it, the court orders the seller to hand over the painting to the buyer.
Memory hook
Specific Performance: Unique, Definite, Feasible. When money can't fix it, think unique goods or land. Terms must be clear and enforceable.
The trap
Students think: Any breach allows specific performance. Wrong, because it’s only for unique items or land. The actual test is uniqueness and inadequacy of damages.
How examiners test it
Test setup: breach of land sale or rare item contract. Trap: students forget mutuality or feasibility. Ensure terms are clear and remedy is mutual.
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