When one party does not adhere to the terms of a contract, it can lead to financial loss and other complications for a North Carolina business. In many cases, the non-breaching party will seek remedy in the form of financial compensation, but this is not always the most appropriate relief for a breach of contract. There are times when the application of a specific performance clause is the most effective and desirable remedy available in a situation.
The effect of a special performance clause
This type of clause may be a prudent inclusion in a contract in situations in which basic compensation would not be effective. The special performance clause essentially means that a party who breaches a contract is legally compelled to fulfill their part of the agreement. However, the enforcement of a special performance clause can sometimes be a complicated endeavor.
The injured party must be able to provide proof that the original agreement to which all parties agreed was valid. There must also be evidence that the injured party did what was required per the terms of the contract. In some situations, it may be appropriate to pursue legal steps to ensure the enforcement of a special performance clause.
Legal options available
After a breach of contract, it may be beneficial to work with an experienced North Carolina attorney familiar with these types of cases. An assessment of the case will determine what legal options are available and most prudent. The enforcement of a special performance clause is not always simple, but it may help the injured party shield individual interests.