Under what condition is specific performance typically granted in contract disputes?

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Specific performance is typically granted in contract disputes when monetary damages are deemed insufficient to remedy the breach. This legal remedy is used to compel a party to fulfill their obligations under the contract, particularly in situations where the subject matter of the agreement is unique or has special value. For example, in real estate transactions, the property involved may have a distinctive character, making it difficult to ascertain an equivalent monetary value.

Thus, when the usual remedy of monetary damages cannot adequately compensate for the loss incurred due to the breach of contract, specific performance becomes a viable option. This is often seen in contracts for the sale of goods that are rare or possess special characteristics, such as art, antiques, or custom-made items.

The other conditions, such as mutual agreement between the parties for performance, availability of alternative remedies, or refusal to negotiate, do not inherently justify the granting of specific performance, as the central issue revolves around the sufficiency of monetary damages to resolve the dispute.

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