The Elements for the Remedy of Specific Performance

In Nevada, the remedy of specific performance is available where:

  1. Valid contract with reasonably definite and certain terms exists;
  2. Remedy at law is inadequate;
  3. Plaintiff performed his obligations under the contract; and
  4. Court is willing to order specific performance by the non-performing party.

Land America Lawyers Title v. Metro. Land Dev., 2006 WL 2385385 (D. Nev. 2006); Mayfield v. Koroghli, 124 Nev. 34, 184 P.3d 362, 368 (2008); Goldston v. AMA Inv., 98 Nev. 567 (1992); Serpa v. Darling, 107 Nev. 299, 810 P.2d 778 (1991); Stolz v. Grimm, 100 Nev. 529, 689 P.2d 927 (1984); Carcione v. Clark, 96 Nev. 808 (1980); R&S Inv. v. Howard, 95 Nev. 279 (1979); Roth v. Scott, 12 Nev. 1078 (1966); Schwerin v. Slye, 173, Cal. 170 (1916); 17 Am. Jur.2d Contracts, §§ 10, 361, 445 (1964); Restatement (Second) of the Law of Contracts, §§ 1, 9, 17, 71, 224, 235, 346 (1981).

See elements for other claims at the Nevada Law Library



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