Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Remedies for breach of contract - Remedies of buyer

194: Specific performance

You could also call this:

“Courts can make sellers give you exactly what you bought”

If you’re buying something specific and the seller doesn’t give it to you, you can ask the court for help. You can do this any time before the judge makes a decision.

The court might tell the seller they have to give you exactly what you bought. The seller won’t be able to just pay you money instead of giving you the item.

When the court decides, they might say the seller has to give you the item without any extra rules. Or, they might add some conditions. These could be about paying money or other things the court thinks are fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844413.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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193: Damages for non-delivery, or

"You can ask for money if a seller doesn't give you things you bought"

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195: Remedy for breach of warranty, or

"What you can do if a seller breaks a promise about the goods they sold you"

Part 3 Sale of goods
Remedies for breach of contract: Remedies of buyer

194Specific performance

  1. The plaintiff in a proceeding for breach of contract to deliver specific or ascertained goods may, at any time before judgment, make an application for a direction under this section.

  2. The court may, if it thinks fit, grant the application by directing that the contract be performed specifically, without giving the defendant the option of retaining the goods on payment of damages.

  3. The judgment may be—

  4. unconditional; or
    1. on the terms and conditions as to damages, payment of the price, and otherwise that the court thinks just.

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