What must be established to obtain an order for specific performance?

To obtain an order for specific performance, it is essential to establish the existence of a valid and enforceable contract. Specific performance is an equitable remedy that compels a party to execute their obligations as outlined in a contract rather than simply providing monetary compensation. It is typically sought when the subject matter of the contract is unique or where damages would not adequately remedy the loss.

The validity of the contract is paramount; it must include all the necessary elements such as offer, acceptance, consideration, and the intention to create legal relations. Without a valid contract, a claim for specific performance cannot be justified because there would be no obligations for a party to enforce through the court.

In contrast, the other options do not satisfy the criteria for specific performance. Monetary compensation is insufficient on its own, a verbal agreement does not equate to a legally binding contract, and past performance, while it may support the context of a claim, does not constitute the primary requirement for establishing the right to seek specific performance.