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Specific Performance in Consumer Law

Specific performance means the court orders the guilty person to do what was promised. For example, the court orders a builder to finish building a house.Sometimes the court will not order specific performance. This will happen if:

  • It is impossible for the guilty person (the person who broke the contract) to do what was promised
  • Paying money is a better way of compensating the innocent party
  • It would be unreasonable or unjust to make the guilty person carry out the contract

If the court orders the guilty person to carry out the contract, then the person must do this. If the person does not do what the court orders, he or she will be in ‘contempt of court’. The person could get a fine or a prison sentence.