Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Specific Performance shopping experience:
1. Compare - without doubt the biggest advantage that the Specific Performance offers shoppers today is the ability to compare thousands of Specific Performance at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Specific Performance? Wrong! If the Specific Performance is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Specific Performance then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Specific Performance? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Specific Performance and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Specific Performance wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Specific Performance then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Specific Performance site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Specific Performance, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Specific Performance, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
In the law of Remedy, an
order of specific performance is an order of the court which requires a party to perform a specific act. While
specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of an injunction but there are mandatory injunctions which have a similar effect to specific performance.
Under the common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. However, the courts of Equity (law) developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique. Specific performance is often guaranteed through the remedy of a writ of possession, giving the plaintiff the right to take possession of the property in dispute. However, in the case of personal performance contracts, it may also be ensured through the threat of proceedings for
contempt of court.
Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case.
There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:
specific performance would cause severe hardship to the defendant
the contract was unconscionable
the claimant has misbehaved (no clean hands)
specific performance is impossible
performance consists of a personal service
the contract is too vague
Additionally, in
England and Wales, under s. 50 of the Supreme Court Act 1981, the
High Court of Justice has a discretion to award a claimant damages
in lieu of specific performance (or an
injunction). Such damages will normally be assessed on the same basis as damages for breach of contract, namely to place the claimant in the position he would have been had the contract been carried out.
Examples
In practice,
specific performance is most often used as a remedy in transactions regarding land, such as in the sale of land where the vendor refuses to convey title.
However, the limits of
specific performance in other contexts are narrow. Moreover, performance that is based on the personal judgment or abilities of the party on which the demand is made is rarely ordered by the court. The reason behind it is that the forced party will often perform below the party's regular standard when it is in the party's ability to do so. Monetary damages are usually given instead.
Traditionally, equity would only grant specific performance with respect to contracts involving Chattel where the goods were unique in character, such as art, heirlooms, and the like. The rationale behind this was that with goods being
fungibility, the aggrieved party had an adequate remedy in damages for the other party's non-performance.
In the United States, Article 2 of the
Uniform Commercial Code displaces the traditional rule in an attempt to adjust the law of sales of goods to the realities of the modern commercial marketplace. If the goods are identified to the contract for sale and in the possession of the seller, a court may order that the goods be delivered over to the buyer upon payment of the price. This is termed
replevin. In addition, the Code allows a court to order specific performance where "the goods are unique or in other proper circumstances", leaving the question of what circumstances are proper to be developed by case law.
In the civil law (the law of continental Europe and much of the non English speaking world) specific performance is considered to be the basic right. Money damages are a kind of "substitute specific performance." Indeed, it has been proposed that substitute specific performance better explains the common law rules of contract as well, see (Steven Smith,
Contract Law, Clarenden Law ).
In the law of Remedy, an
order of specific performance is an order of the court which requires a party to perform a specific act. While
specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of an injunction but there are mandatory injunctions which have a similar effect to specific performance.
Under the
common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. However, the courts of
Equity (law) developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique. Specific performance is often guaranteed through the remedy of a writ of possession, giving the plaintiff the right to take possession of the property in dispute. However, in the case of personal performance contracts, it may also be ensured through the threat of proceedings for contempt of court.
Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case.
There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:
specific performance would cause severe hardship to the defendant
the contract was unconscionable
the claimant has misbehaved (no clean hands)
specific performance is impossible
performance consists of a personal service
the contract is too vague
Additionally, in England and Wales, under s. 50 of the
Supreme Court Act 1981, the High Court of Justice has a discretion to award a claimant damages
in lieu of specific performance (or an
injunction). Such damages will normally be assessed on the same basis as damages for breach of contract, namely to place the claimant in the position he would have been had the contract been carried out.
Examples
In practice,
specific performance is most often used as a remedy in transactions regarding land, such as in the sale of land where the vendor refuses to convey title.
However, the limits of
specific performance in other contexts are narrow. Moreover, performance that is based on the personal judgment or abilities of the party on which the demand is made is rarely ordered by the court. The reason behind it is that the forced party will often perform below the party's regular standard when it is in the party's ability to do so. Monetary damages are usually given instead.
Traditionally, equity would only grant specific performance with respect to contracts involving
Chattel where the goods were unique in character, such as art, heirlooms, and the like. The rationale behind this was that with goods being
fungibility, the aggrieved party had an adequate remedy in damages for the other party's non-performance.
In the United States, Article 2 of the
Uniform Commercial Code displaces the traditional rule in an attempt to adjust the law of sales of goods to the realities of the modern commercial marketplace. If the goods are identified to the contract for sale and in the possession of the seller, a court may order that the goods be delivered over to the buyer upon payment of the price. This is termed
replevin. In addition, the Code allows a court to order specific performance where "the goods are unique or in other proper circumstances", leaving the question of what circumstances are proper to be developed by case law.
In the civil law (the law of continental Europe and much of the non English speaking world) specific performance is considered to be the basic right. Money damages are a kind of "substitute specific performance." Indeed, it has been proposed that substitute specific performance better explains the common law rules of contract as well, see (Steven Smith,
Contract Law, Clarenden Law ).
