Contracts, 12% of the examination
Specific performance
A court order compelling a party to complete the contract rather than pay damages.
Specific performance is an equitable remedy, not an automatic result of every breach. California law presumes that money damages are inadequate for breach of an agreement to transfer real property, although the precise statutory presumptions differ for buyers and sellers. The claimant must still establish an enforceable contract, adequate performance or a valid excuse, and terms definite and fair enough for a court to enforce.
Test the distinction
A relevant question from Contracts, selected because its facts or explanation use this concept.
Which remedy compels a seller to complete the sale rather than pay money?
Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.
Primary sources
Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.