Glossary
DisputesUpdated Sep 23, 2026What Is Specific Performance in a Contract?
Specific performance is a remedy in which a court orders a party to do what it promised, instead of only paying money for the breach. The clause, often paired with a right to an injunction, says the parties agree such an order is appropriate, though a court still decides whether to grant it.
Why it matters
It matters most where money would not fix a breach, such as confidential information or a promise not to compete. It can make a restriction you agreed to easier to enforce against you.
How common is it?
In the LexGLUE version of LEDGAR, a research set of 80,000 contract provisions from SEC filings, each labelled with one of 100 common provision types, 417 (0.52%) are labelled "Specific Performance". That is a share of provisions, not of contracts. It is the 72nd most common of the 100 provision types in this set.
These are provisions from contracts that public companies filed with the SEC — a reference point, not a rule for your contract.
Source: LEDGAR (Tuggener et al., 2020), LexGLUE version (Chalkidis et al., 2022), CC BY 4.0. Counts are ours.
What to watch for
- A clause only the other side can use.
- Coverage of broad restrictions, such as a long non-compete.
- A clause that applies to the whole contract, not named duties.
A realistic example
A distributor signs an exclusivity agreement with a specific performance clause. When it starts selling a rival product, the supplier asks a court for an injunction ordering it to stop, not just for damages.
What to ask for
- A mutual clause, limited to the duties where money would not be enough.
- The clause tied to named obligations, not the whole contract.
Related terms: non-compete · confidentiality clause · liquidated damages
Related guide: 7 things to negotiate before you sign a contract
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Not legal advice. This is an educational definition of a common contract term. Details vary by jurisdiction — this page explains common U.S. usage. For high-stakes agreements, have a lawyer review the final version.