C. A judgment or decree that requires precise fulfillment of a legal or contractual obligation.
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to pronunciationLegal Definition -
The rendering, as nearly as practicable, of a promised performance through a judgment or decree that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a real article is involved.--Specific performance is an equitable remedy that lies within the courts discretion to award whenever the common law remedy insufficient, either because damages would be inadequate or because the damages could not possibly be established.
Black's Law Dictionary® Eighth Edition © 2004
Current Usage -
Seattle politicians are talking tough about the Sonics' lease at city-owned KeyArena. As a general rule, tenants cannot be forced to stay until the end of a lease; landlords can merely collect monetary damages for breach of contract. But the Sonics' lease contains language that could allow the city to reject an early buyout. The single paragraph, known as a "specific performance" clause, essentially says the city can require the Sonics to stay at KeyArena for the full term. At the very least, the city could use that clause to obtain a court order to delay a Sonics move, several experts in contract and sports law predicted. The experts warned, though, that the contract language is not ironclad and that courts could eventually allow Bennett to buy his way out of the Sonics' lease. (The Storm's lease also runs until 2010, but it allows the team to opt out after any season.) If it comes down to a fight, the specific-performance clause in the Sonics' lease could give the city important legal leverage. While it would not permanently prevent a move, the clause could jack up a settlement price or even encourage a team sale. The Seattle Times Jim Brunner August 27, 2007