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Hawaii Complaint for Specific Performance and / or Damages

Complaint For Specific Performance

Name: Hawaii Complaint for Specific Performance and / or Damages
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.72 (415 reviews)

Category:

Hawaii Court Samples - Breach of Contract - Specific Performance - Sample Case 1

State:

Hawaii

Control #:

HI-KH-051-02

Format:

Instant download

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Description

A02 Complaint for Specific Performance and / or Damages

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FAQ

Specific performance is an alternative equitable remedy to a cause of action for breach of contract.

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.

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.

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.

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.

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 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.

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.

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

Complaint For Specific Performance

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FAQ

Is specific performance a cause of action or a remedy?

What is a claim for specific performance?

What does specific performance mean in legal terms?

Under what circumstances is a party entitled to specific performance?

Can you get specific performance and damages?

Can a buyer sue for specific performance?

What is meant by specific performance who can claim it?

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