California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 1 — Relief, Title 3 — Specific and Preventive Relief, Chapter 2 — Specific Relief, Article 3 — Specific Performance of Obligations, Section 3392
Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial, and either entirely immaterial, or capable of being fully compensated, in which case specific performance may be compelled, upon full compensation being made for the default.
Notes
Bars specific performance in favor of a party that has not fully and fairly performed its conditions precedent. Allows specific performance when the failure is only partial and either entirely immaterial or fully compensable, but requires full compensation for the default before the remedy may be compelled.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3392 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-1/title-3/chapter-2/article-3/section-3392