Specific Performance Remedy in Florida
FL specific performance remedy: equitable, discretionary. Used: RE (unique property), unique goods, unique services. Not for: personal services (involuntary servitude) or impossible performance. vs. damages: specific = actual performance; damages = money. Can combine both. Equitable defenses: laches, unclean hands, estoppel, unconscionability, impossibility, and hardship. Plaintiff must show: damages inadequate and good faith.
When Available
- RE: unique property (most common)
- Unique goods or services
- Damages inadequate
vs. Damages
- Specific: gets the bargain
- Damages: monetary substitute
- Can combine both
Equitable Defenses
- Laches, unclean hands
- Unconscionability, impossibility
- Hardship disproportionate
Related Terms
- RE Performance — FL details
Barnes Walker Litigation
Barnes Walker’s attorneys pursue specific performance in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC