In the case of contracts for the sale of real estate, a buyer of real estate is entitled to a certain service that would oblige the seller, in violation, to hand over to the buyer the title to the land and thus to transfer ownership of the property to the buyer. The specific service applies to contracts for the sale of real estate, as real estate is considered unique. In the event that the buyer violates the violations, the seller may receive a certain service in which the court will order the buyer to take possession of the land and pay the contract price. Failure to do so may give rise to different remedies depending on the circumstances. It is important to consult with a lawyer before making any arrangements and before taking legal action to protect your rights and seek appropriate compensation for your losses. A surcharge for a particular service is more common in the following situations: Courts may require defendants in contractual disputes to effectively fulfill the contractual obligations initially agreed upon if it is determined that money alone cannot solve the problem. This is called a specific service Please note that if an item is unique, the buyer who violates the contract will be liable for the loss of profit, even if the seller sells the item to someone else. If, in the case of ordinary goods, the seller covers another person and sells to another person, the amount that the seller earns from the coverage will be deducted from the damage due by the buyer that violates the costs. In the United States, Section 2 of the Uniform Commercial Code replaces the traditional rule of adapting the law of the sale of goods to the realities of the modern commercial market. If the goods are identified in the contract of purchase and are in the possession of the seller, a court may order that the goods be delivered to the buyer against payment of the price. This is called Replevin. In addition, the Code allows a court to order a particular service if “the products are unique or in other reasonable circumstances,” so the question of what circumstances are appropriate is developed by case law. Specific performance relief is just relief, which is usually curative or protective in nature.
In civil law (the law of continental Europe and much of the non-English-speaking world), a certain advantage is considered a fundamental right. Monetary damages are a kind of “compensation”. In fact, it has been suggested that replacement also better explains the common law rules of the treaty, see (Steven Smith, Contract Law, Clarenden Law). The specific benefit is a court order that requires a party who caused a loss to fulfill their promise as accurately as possible, often in cases where a cash payment cannot replace what has been lost. In a typical civil case in which a particular service is provided, there is a plaintiff (“plaintiff”) and a defendant (“defendant”). The plaintiff is the party claiming the losses caused by the defendant. If the court finds that the loss occurred, the judge orders the defendant to appeal to remedy the loss. The defense must focus on the exact terms of the contract and determine whether they are sufficiently clear and final to ensure both performance and reparation for a particular performance. Contracts that are vague or unclear are not only unenforceable, but also do not support a performance order. A central issue is the applicant`s own performance and whether he has actually breached the agreement and is therefore not entitled to a specific service. Another element of the defence will be the adequacy of the remedy sought and whether or not a mere financial means is sufficient.
If this is the case, the courts are very reluctant to order a particular service. Evidence of any or all of these elements can seriously jeopardize a particular benefit case and often lead to an agreement. Thus, if the buyer buys a single item from the seller and the seller accepts the violations, a certain service is provided and the seller must manufacture the item that the buyer purchased. For example: Some enforcements are a fair remedy in contract law when a court makes an order requiring a party to perform a specific act, that is. B the performance of the contract. It is usually available in land sale law, but otherwise not generally available if damage is a suitable alternative.. .