Hawaii Complaint for Specific Performance and / or Damages
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How to fill out Hawaii Complaint For Specific Performance And / Or Damages?
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FAQ
A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its terms; (b) adequate consideration, and a just and reasonable contract; (c) plaintiff's performance, tender or excuse for nonperformance of the contract; (d) defendant's breach of
Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance.Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract.
Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.
Suing for Specific Performance as a Buyer The buyer is allowed to sue for specific performance if the seller refuses to move forward with her obligations under the agreed upon contract.
Specific performance is only ordered in situations in which monetary damages would be inadequate to compensate the injured party. When specific performance is ordered, money damages are usually not ordered as the moving party is typically not entitled to both types of damages.
A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts.
A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels.
Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations.Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract.
Specific performance is an alternative equitable remedy to a cause of action for breach of contract.