Specific Performance

Specific performance is available when monetary damages are inadequate and the terms are sufficiently definite.

Representative cases

• Ordahl v. Lykken 981 N.W.2d 901 · North Dakota Supreme Court
• Meuchel v. MR Properties 2024 ND 107 North Dakota Supreme Court
• Warthog Mgt., L.L.C. v. Fares 2024 Ohio 2065 · Ohio Court of Appeals

Related Remedies rules

• Expectation DamagesDamages aim to put the nonbreaching party in the position as if the contract were performed.
• Consequential DamagesDamages are recoverable if foreseeable at the time of contracting.
• Incidental DamagesIncidental damages include reasonable expenses incurred due to breach.
• Mitigation of DamagesNonbreaching parties must take reasonable steps to mitigate damages.
• Restitution DamagesRestitution prevents unjust enrichment by awarding the value of the benefit conferred.
• Reliance DamagesReliance damages compensate for expenditures reasonably made in reliance on the contract.
• Liquidated DamagesLiquidated damages are enforceable if reasonable at formation and not punitive.
• Replevin (UCC)Buyers may recover identified goods wrongfully withheld if unable to cover.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.