In which of the following circumstances is a court unlikely to grant specific performance?

• A. A contract to sell a house
• B. A contract to provide fitness training services
• C. A contract to buy a rare stamp
• D. A contract to purchase custom-made boots

Answer: (B)

Specific performance is an equitable remedy available when monetary damages would not adequately compensate for a breach. Courts usually grant it for subject matter that is truly unique or irreplaceable, so that money cannot substitute for the exact item or property involved. Real estate is the classic example—land is inherently unique, and a court can compel the seller to perform to convey the property. Likewise, items that are rare or custom-made can be ordered for delivery if the item cannot be easily replaced by money.

A contract to provide fitness training services, however, involves a personal service. For services, courts resist forcing someone to perform ongoing work, because it would amount to compelled labor and would require ongoing supervision. Damages are typically adequate to address the breach, and there is no unique, interchangeable substitute for the personal service involved. Therefore, specific performance is unlikely in the fitness training scenario.