Section 7.26 Specific Performance

• Library: Contracts 2016 Supp

C. (§7.26) Specific Performance

Another potential remedy for breach of contract is specific performance—when the court orders the breaching party to perform the terms of the contract. Specific performance is not a remedy to which a litigant has a right; it is an equitable remedy that the court may impose, in its discretion, if certain conditions are met. Kopp v. Franks, 792 S.W.2d 413, 419 (Mo. App. S.D. 1990). The principles of equity allow a court to order specific performance when legal remedies (i.e., monetary damages) are inadequate. Dazey v. Elvin, 134 S.W. 85, 86 (Mo. App. S.D. 1911).

To state a claim for specific performance, the plaintiff must, of
course, first state all the elements for breach of contract. In addition, the contract alleged must be sufficiently definite, certain, and complete that it can be enforced as written. Coale v. Hilles, 976 S.W.2d 61, 65–66 (Mo. App. S.D. 1998). In other words, the court requires a...