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(1)Where a party to a contract, is in breach, the other party may obtain an order of court requiring the party in breach to specifically perform his or her promise under the contract.
(2)A party is not entitled to specific performance of a contract where—
(a)it is not possible for the person against whom the claim is made, to perform the contract;
(b)the specific performance will produce hardships which would not have resulted if there was no specific performance;
(c)the rights of a third party acquired in good faith would be infringed by the specific performance;
(d)specific performance would occasion hardship to the person against whom the claim is made, out of proportion to the benefit likely to be gained by the claimant;
(e)the person against whom the claim is made is at the time entitled, although in breach, to terminate the contract; or
(f)the claimant committed a fundamental breach of his or her obligations under the contract; but in cases where the breach is not fundamental, specific performance is available to him or her subject to his or her paying compensation for the breach.
You have the right to ask a court to order someone who broke a contract to actually do what they promised, not just pay damages. This is called an ord...
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