(a) Specific performance is sometimes described as a 'discretionary' remedy because the courts may order it even if the plaintiff has only asked for an award of damages.
(b) Actual delivery of a thing bought and sold will be enforced by an order of specific performance even if an equivalent thing can be obtained elsewhere, but at a higher price.
(c) Promises that involve goodwill and co-operation between the parties can be enforced by an order of specific performance when no-one else is available to do what was promised by the defendant.
(d) A plaintiff who asks for an order of specific performance is also entitled to ask for another remedy (such as damages) as an alternative.
|