specific implementthe 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:
- (i) where the obligation is to pay a sum of money;
- (ii) contracts like service or partnership where the compelled performance would be useless;
- (iii) where performance is impossible;
- (iv) where the court cannot enforce the decree, as in the case of a person outwith the jurisdiction;
- (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.
Collins Dictionary of Law © W.J. Stewart, 2006