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California Forms of Pleading and Practice--Annotated
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
46-528 California Forms of Pleading and Practice--Annotated 528.syn
Expert Practitioners, Judges, and the Matthew Bender Editorial Staff
In addition, the chapter covers the general requirements of specific performance. It examines security for performance, adequacy of consideration, and just and reasonable contracts. It addresses the denial of specific performance in the event that a defendant's assent was given under the influence of mistake, misapprehension, or surprise. It also discusses the rule that a contract cannot be specifically enforced against a party if that party's assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract or by any promise of that party that has not been substantially fulfilled. The chapter further considers the granting of specific performance when the remedy at law is inadequate. This section of the discussion also reviews the requirement that the contract terms be certain and the use of extrinsic evidence in ambiguous situations. In addition, it discusses the performance of conditions precedent and the requirement that a seller have good title.
The chapter also reviews many specific situations where specific performance may or may not be granted. It discusses the inequitability, impossibility, and illegality of performance; penalties and forfeitures; contracts for personal services; contracts for the sale of unique goods; arbitration agreements; collective bargaining agreements; and contracts to convey patent rights. Finally, the chapter provides an overview of specific performance procedure. It discusses jurisdiction, venue, and the statute of limitations, as well as inconsistent theories of recovery and the right to a jury trial.
California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.
Specific Performance,Contract,Injunctive Relief,Security,Adequacy of Consideration,Consideration,Just and Reasonable,Mistake,Misapprehension,Surprise,Inadequate Remedy at Law,Fraud,Misrepresentation,Conditions Precedent,Inequitability,Impossibility,Illegality,Penalties,Forfeitures,Continuous Acts,Personal Services,Cooperative Marketing Association Contract,Unique Goods,Collective Bargaining Agreements,Satisfaction of Accord,Escrow Agreement,Deed of Trust
RELATED CHAPTERS: (View)
For a complaint for specific performance to compel satisfaction of an accord, see Chapter 6, Accord and Satisfaction.
For a discussion of the basic elements of contract law, see Chapter 140, Contracts.
For a discussion and forms for use in obtaining specific performance of a contract for the sale of goods, see Chapter 500, Sales: Sales under the Commercial Code.
For discussion of the operation of the statute of frauds in an action for specific performance, see Chapter 530, Statute of Frauds.
For a complaint for specific performance of provisions of a deed of trust, see Chapter 555, Trust Deeds and Real Property Mortgages.
For forms to compel specific performance of contracts for the sale of real property, see Chapter 569, Vendor and Purchaser of Real Property.
OTHER RELATED PUBLICATIONS:
For memoranda of points and authorities for use in actions for specific performance, see California Points & Authorities (Matthew Bender), Chapter 214, Specific Performance.
For discussion of objectives and strategies for seeking or opposing various equitable remedies in contract actions, including specific performance, and procedures and considerations in seeking or opposing specific performance of a contract, see Matthew Bender(R) Practice Guide: California Contract Litigation (Matthew Bender), Chapter 8, Seeking or Opposing Equitable Remedies in Contract Actions.
For discussion of the reasons for granting or refusing specific performance, see Corbin on Contracts (Matthew Bender), Part VI, Breach of Contract--Judicial Remedies, Topic D, Specific Performance.