Also known as: § 2-716 · UCC § 2-716 · UCC 2-716 · buyer's right to specific performance · UCC specific performance
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule authorizing a court to decree specific performance of a contract for the sale of goods when the goods are unique or when other proper circumstances make monetary damages inadequate.
Select any source to read its text and confirm it supports the definition.
Sophia Singh prepaid Sterling Manufacturing for thirty custom avionics units programmed and labeled for her satellite mission. Sterling assembled and tagged fifteen units with her mission identifier but then repudiated the contract. Sophia sues to obtain those specific tagged units rather than cover or damages.
Serena Soto bid for and purchased a particular signed Picasso print that she viewed before the auction. Solstice Ventures later refused delivery after receiving a higher offer for an unsigned print of the same image. Serena sues to compel delivery of the exact signed print she inspected and purchased.
Section 2-716 permits specific performance when the goods are unique or when other proper circumstances exist that make monetary damages inadequate. Courts consider factors such as the degree of customization, identification to the contract, prepayment, the buyer's reliance, and the urgency of need. The remedy is equitable and discretionary once the statutory criteria are met.
Supporting sources
No. Identification supports a claim for specific performance or replevin under Section 2-711(2)(b) and Section 2-716, but the buyer must still show the goods are unique or that other proper circumstances exist. Mere labeling without uniqueness or special need is usually insufficient.
Supporting sources
Generally no. When comparable goods are available on the market, monetary damages or cover provide an adequate remedy and specific performance is denied. Courts reserve the remedy for situations in which substitutes cannot reasonably be obtained in time to meet the buyer's needs.
Supporting sources
Insolvency is required only for recovery under Section 2-502 via Section 2-711(2)(a). Specific performance or replevin under Section 2-716 via Section 2-711(2)(b) does not require insolvency. It turns instead on uniqueness or other proper circumstances.
Supporting sources
No. The seller's opportunity to obtain a better price elsewhere does not excuse performance when the goods are unique or when other proper circumstances justify specific relief. The focus remains on whether damages would adequately protect the buyer's expectation interest.
Supporting sources