Which remedy would be sought if a party refuses to fulfill their contract?

When a party refuses to fulfill their contract, one of the most effective remedies available is an order of specific performance. This remedy compels the party who is in breach of the contract to perform their contractual obligations as originally agreed upon. Specific performance is particularly relevant in situations where the contractual subject matter is unique or where monetary damages would not adequately compensate the aggrieved party. Common examples include contracts involving the sale of real estate or rare items, where simply receiving a financial settlement wouldn't offer the non-breaching party the specific benefit they bargained for.

Specific performance allows the injured party to enforce the actual execution of the contract rather than simply seeking financial compensation for the breach. Courts typically grant this remedy when it is shown to be just and equitable, and when alternative remedies, like damages, would be insufficient. This aligns with the fundamental principles of contract law, ensuring that contractual agreements are honored and the parties receive the specific benefits to which they are entitled.