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Can you legally force a party to honor a contract?

On Behalf of | Jun 16, 2025 | Business Litigation

Contracts don’t always go as planned. A party to a legally binding agreement may fail to follow through as agreed, which can put your business operations, finances or reputation at risk. When this happens, you might wonder if the law can step in and compel them to uphold their end of the bargain. In some cases, you can, through a legal remedy known as specific performance.

Specific performance is a court order that requires the breaching party to fulfill their obligations as outlined in the contract. This remedy is common in situations where money or other remedies can’t fix the problem or make the non-breaching party whole. For example, if a contract involves the sale of a unique property or rare asset, no amount of money can truly replace it; only actual performance can.

Other requirements for specific performance

Beyond having a unique or irreplaceable asset involved, specific performance isn’t granted automatically. Courts require the contract terms to be clear and enforceable. A judge is unlikely to order specific performance if the agreement is vague or overly one-sided.

Additionally, you must show the court that you have substantially performed your obligations under the contract or are ready to do so. Courts won’t force the other party to perform what you agreed to if you haven’t fulfilled what you promised. A judge may decide that specific performance isn’t the right solution in such a case.

Take early action to protect your interests

Time matters when dealing with a contract breach. Delays can weaken your case or limit your options. Reaching out for legal guidance as soon as possible can help you understand your rights and determine whether specific performance or another remedy is the best course of action for your situation.

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