Definition of “unique property” – quality especially suitable for its proposed use, cannot be reasonably duplicated elsewhere (John Dodge Holdings). This doesn’t mean unique in every aspect / cannot be duplicated. It means if there are aspects / features of a property which are uniquely appealing to the buyer for example and make that particular property such that it more completely satisfies the buyer’s desires, than the court will order specific performance. (The court found that there was no persuasive evidence that these features could be reasonably duplicated elsewhere and ordered specific performance) But think too of all the cookie cutter homes that exist – only the rich can afford “unique” properties – and it is the uniqueness that justifies. Cannot be uniqueness of personal circumstances – MUST be uniqueness of property.
Why do courts usually only award specific performance when damages will not suffice? Well, if it were the norm to order specific performance, then no one would mitigate Also a matter of utility / expediency. It is the least cumbersome route I guess (not just in theory but in actuality)
