specific implement

specific implement

the primary remedy for breach of contract in Scotland, differing in this respect from England where it is damages. It is enforced by interdict for negative obligations and a decree ad factum praestandum for positive obligations, both of which orders, if not complied with, can result in imprisonment. However, it will be refused in a number of cases, including:
  1. (i) where the obligation is to pay a sum of money;
  2. (ii) contracts like service or partnership where the compelled performance would be useless;
  3. (iii) where performance is impossible;
  4. (iv) where the court cannot enforce the decree, as in the case of a person outwith the jurisdiction;
  5. (v) generic sales where there is no pretium affectionis, i.e. there is nothing special about the item or items sold. See also SPECIFIC PERFORMANCE.
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