Remedies · Lesson 05
Specific Performance
這一課問的是：法院應否命特定履行？標的是否足夠獨特？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Should the court order specific performance — and is the subject matter unique enough?
這一課問的是：法院應否命特定履行？標的是否足夠獨特？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
specific performance
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Equitable order requiring D to perform contract.
特定履行。
uniqueness
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Subject matter unique — damages inadequate.
獨特性。
land contracts
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Always specific-performance-eligible (land unique).
土地合約。
personal service contracts
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Generally NOT specifically enforceable (13th Am).
勞務合約：通常不可特定履行。
mutuality
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Both parties may be required by remedy.
互惠性。
clean hands
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P must come with clean hands.
乾淨之手。
definite terms
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Contract terms must be reasonably definite.
條款須合理確定。
Issue · what this lesson is really about
Should the court order specific performance — and is the subject matter unique enough?
這一課問的是：法院應否命特定履行？標的是否足夠獨特？
Trigger words & phrases that should flag this issue:
uniquelandcontractpersonal servicespecific performance
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State requirements | Specific performance requires (1) valid contract with definite terms, (2) unique subject matter, (3) P's tender of performance, (4) clean hands. | 特定履行四要件。 |
| Apply land | Land contracts are always specifically enforceable because land is unique. | 土地合約因獨特性恆可特定履行。 |
| Apply personal services | Personal service contracts generally not specifically enforced; injunction against working for competitor possible. | 勞務合約通常不可特定履行；可禁與競爭者工作。 |
| Apply mutuality | Courts may require mutuality of remedy. | 法院可要求救濟互惠。 |
Rule Sentence · the workhorse
Specific performance is available where (1) a valid contract with reasonably definite terms exists, (2) the subject matter is unique or damages are otherwise inadequate, (3) the plaintiff has performed or is ready to perform, and (4) the plaintiff has clean hands.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人plaintiff原告
Act 行為seeking specific performance請求特定履行
Object 對象contract obligation合約義務
Standard 法律標準uniqueness + readiness + clean hands獨特性 + 準備 + 乾淨之手
Consequence 後果D ordered to performD 被命履行
Casebook Snapshot · a real American case
Lumley v. Wagner
Holding. While a court cannot compel a singer to perform under a personal services contract, it may enjoin her from performing for a competing employer during the contract period. The negative injunction effectively secures the benefit of the bargain without forcing personal service.
Why it matters. Lumley invented the negative injunction workaround for personal-service cases — bars working for competitors.
Lumley：勞務合約可禁與競爭者工作 — 變相強制履行。
Common Mistakes · what trips students
✗ personal services 可特定履行。
✓ 13th Am: courts won't compel personal service.
13 修：法院不強制勞務。
✗ specific performance 為法律救濟。
✓ Specific performance is an equitable remedy.
特定履行為衡平救濟。
Mini IRAC · build the Application
Issue. May P obtain specific performance of a contract to purchase D's house, when D refuses to convey?
Rule. Specific performance is available where the contract is valid, the subject matter is unique, the plaintiff is ready to perform, and equitable defenses do not apply; land contracts are always specifically enforceable because land is unique.
Application (model). P contracted to buy D's house and tendered the purchase price; D refuses to convey. Because land contracts are always specifically enforceable due to the uniqueness of each parcel of land, the fact that the subject matter is real estate, P has tendered performance, the contract has definite terms, and no equitable defenses are alleged means all elements of specific performance are satisfied.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the court should order D to convey the property to P.
MBE Check · multiple choice
P, a Major League Baseball team, contracted with star pitcher D. D breaches and goes to a rival team. Can P obtain specific performance compelling D to pitch?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: