Specific Performance, Contract Tender

In breach of contract suits, a plaintiff may, if appropriate, elect for an equitable remedy and ask the court to order specific performance. Specific performance is basically where a plaintiff requests that the Court order a defendant to perform the contract, in contrast to a request for damages for breaching the contract. Specific performance is an equitable remedy and is governed by equitable principles. Kopp v. Franks, 792 S.W.2d 413, 419 (Mo. Ct. App. 1990).

To be entitled to specific performance, the plaintiff must demonstrate by clear and convincing evidence that he or she has performed, or tendered performance, of his or her portion of the contract. Kassebaum v. Kassebaum, 42 S.W.3d 685, 699 (Mo. Ct. App. 2001). A tender in this context is an offer to perform a contract coupled with the present ability to do so. Johnson v. Moore, 931 S.W.2d 191, 195 (Mo. Ct. App. 1996).

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