When does a judge issue specific performance of a contract in Nashville?

Nashville, TN – Businesses have to deal with various parties breaching their contracts all the time. When this happens, they can utilize the civil court system to get assistance and have the defendant pay them for their losses or receive other remedies. Attorneys near me who focus on business matters can provide more details about contract law and other related problems.

Contract remedies

As a general rule, when a contract is breached, the remedy given by the judge is usually compensation that is related to the specific losses sustained by the non-breaching party. However, it is possible that a judge can order a different remedy at the conclusion of the lawsuit. These can be injunctions to prevent one party from engaging in certain behaviors, rescission of the contract to eliminate the obligations of all parties to the contract, and finally there is specific performance, which means the terms of the contract are enforced and the breaching party is required to perform the terms as written. 

What is specific performance?

This concept relates to exactly what is required to be performed under the contract’s terms. If the person who is required to perform these terms neglects their obligations or does not fulfill the terms in any other way, a judge can intervene and tell the breaching person or business that they are ordered to perform as described in the document that they signed. 

What situations cause specific performance to be ordered?

This remedy is often used in cases where no other remedy will be sufficient to help the plaintiff in the case. Common examples are transfers of unique items such as original pieces of art, or a piece of property that was designed and supposed to be built to very specific specifications. However, a judge also needs to be aware that ordering specific performance is not always feasible, so a court will generally not order this kind of remedy if it is unrealistic to expect the defendant to uphold and perform the contract’s terms. It is also important to note that monetary compensation still tends to be the default remedy in contract law cases, so specific performance is only available if it is clear that compensation is not a good remedy in the specific case. 

Business attorneys in Tennessee

The Law Office of George R. Fusner is a practice that handles business issues for clients in the Nashville area. Anyone who needs advice can contact the firm to get advice about their particular situation.

USAttorneys.com is a website that assists people with the process of finding a lawyer. People who need assistance can contact them directly at 800-672-3103

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027



0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *