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Cal. Civ. Code § 3391

Specific Performance of Obligations [[3384.] - 3395.]

Applied in 90 court decisions — leading case 8 Cal. 3d 744 - Crail v. Blakely (1973)

Most recently applied in 231 Cal. App. 4th 1315 - Bunker Hill Park Ltd. v. U.S. Bank National Ass'n (November 2014)

Enacted 1872.

How often courts cite this section

188819001925195019752000201440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Specific performance cannot be enforced against a party to a contract in any of the following cases:

1. If he has not received an adequate consideration for the contract;

2. If it is not, as to him, just and reasonable;

3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled; or;

4. If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.