Which situation allows for specific performance as a remedy?

Specific performance is a legal remedy typically available in cases involving unique items or properties, where monetary damages would not provide an adequate remedy. The primary rationale for allowing specific performance is that some items are not easily replaceable, and the law recognizes that the value of the unique item goes beyond mere monetary compensation.

In the context of a sale of a unique item, such as real estate or rare artwork, the seller’s failure to deliver that particular item would not only frustrate the buyer’s expectations but may also deprive the buyer of a one-of-a-kind opportunity. In such cases, the court may order the seller to fulfill their contractual obligations by delivering the specific item instead of merely awarding damages for the breach. This aligns with the principle that certain goods or properties hold intrinsic value that is singular and cannot be duplicated, hence justifying the remedy of specific performance.

Other circumstances listed do not meet the criteria for specific performance. For instance, the failure to deliver goods on time typically results in damages rather than specific performance, as the goods may still be readily available in the market. A breach of a non-written agreement poses challenges of enforceability and intent, making it difficult to impose specific performance. Lastly, the intention not to fulfill a promise lacks a specific