Specific Performance
Specific Performance is a legal remedy where a court orders a party to actually fulfill their contractual promises, instead of just paying money for breaking the contract. For example, if someone promised to sell a unique piece of art but refuses to do so, the court might order them to complete the sale rather than just pay damages. This term often appears in legal job descriptions when firms are looking for lawyers who can handle contract disputes, especially in real estate or business cases where money alone isn't enough to fix the problem.
Examples in Resumes
Successfully argued for Specific Performance in multiple high-value real estate contract disputes
Obtained Specific Performance decree in international arbitration case involving unique manufacturing equipment
Drafted contracts with Specific Performance clauses for commercial property transactions
Typical job title: "Arbitration Lawyers"
Also try searching for:
Where to Find Arbitration Lawyers
Professional Organizations
Job Boards
Professional Networks
Example Interview Questions
Senior Level Questions
Q: Can you explain a complex case where you successfully obtained specific performance?
Expected Answer: A senior lawyer should describe a detailed case example showing their understanding of when specific performance is appropriate, what evidence was needed, and how they overcame any challenges in enforcement.
Q: How do you handle international specific performance cases?
Expected Answer: Should demonstrate knowledge of international arbitration rules, enforcement across borders, and understanding of different legal systems' approaches to specific performance.
Mid Level Questions
Q: What factors do you consider when deciding whether to pursue specific performance?
Expected Answer: Should explain practical considerations like uniqueness of subject matter, adequacy of monetary damages, and ability to monitor compliance with the order.
Q: How do you draft specific performance clauses in contracts?
Expected Answer: Should discuss key elements of enforceable specific performance provisions and how to make them clear and effective in different types of contracts.
Junior Level Questions
Q: What is specific performance and when is it typically available?
Expected Answer: Should explain basic concept that it's a court order requiring actual performance of contract duties, typically used for unique property or goods where money damages aren't adequate.
Q: What are the basic requirements for obtaining specific performance?
Expected Answer: Should list main requirements: valid contract, clear terms, inadequacy of money damages, feasibility of enforcement, and no adequate alternative remedy.
Experience Level Indicators
Junior (0-3 years)
- Basic contract law understanding
- Legal research and writing
- Case law analysis
- Contract drafting basics
Mid (3-7 years)
- Complex contract dispute handling
- Arbitration proceeding management
- Negotiation of settlements
- Draft specific performance clauses
Senior (7+ years)
- International arbitration expertise
- Strategic case planning
- Expert testimony management
- Complex enforcement proceedings
Red Flags to Watch For
- No experience with contract law fundamentals
- Lack of understanding of equitable remedies
- No arbitration or litigation experience
- Poor knowledge of enforcement procedures
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