MBE Rules · Remedies
Specific Performance
Cal. Civ. Code §§ 3384-3395
The rule
Specific performance is available when (1) the contract is definite, (2) the consideration is adequate, (3) the terms are just and reasonable, (4) legal remedy is inadequate (as with unique real property), (5) mutuality of remedy exists, and (6) enforcement is feasible. Personal-service contracts are not specifically enforceable.
In plain English
Specific performance is a legal remedy that requires a party to fulfill their obligations under a contract when monetary damages are insufficient. It is typically used in cases involving unique items, like real estate, where the subject matter cannot easily be replaced or valued. However, it cannot be applied to personal-service contracts, which require a party to perform a specific task or service.
Worked example
Alice and Bob enter into a contract for the sale of a rare painting. The contract is clear, both parties agree on the price, and the painting is unique. When Bob refuses to sell the painting, Alice seeks specific performance to compel Bob to complete the sale. The court grants her request because the painting is unique and monetary damages would not suffice.
Memory hook
Specific performance: make them perform when money can't replace what you lost!
The trap
Exams often include fact patterns where students confuse specific performance with monetary damages, especially in cases involving personal-service contracts. Be careful not to overlook the uniqueness of the subject matter when considering the remedy.
How examiners test it
Questions typically present a scenario involving a breach of contract for unique items or properties, testing your understanding of when specific performance is appropriate versus when damages would suffice.
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