Under which doctrine can the harmed party in a real estate contract request a judge to enforce contract terms?

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The doctrine that allows a harmed party in a real estate contract to request a judge to enforce the terms of the contract is known as Specific Performance. This legal remedy applies in situations where monetary damages are insufficient to compensate for the breach of contract, particularly in real estate transactions. Because real estate is considered unique, the court can compel the party who breached the contract to fulfill their obligations as agreed upon, rather than simply awarding financial compensation.

This doctrine is often pursued when the item in question—such as a specific piece of property—is not easily replaceable or available on the open market, making the fulfillment of the contract essential for the aggrieved party. The court's enforcement aligns with the principle that parties should uphold their contractual promises, providing a way to ensure that justice is served and equity is maintained in real estate dealings. In summary, Specific Performance is the appropriate remedy when a party seeks to have the contract enforced precisely as it was originally agreed upon.

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