‘Studying Specific Performance’

Yonathan A Arbel, Contract Remedies in Action: Specific Performance, 118 West Virginia Law Review 100 (2015), available at SSRN. Parties that have a right to the very thing promised in a contract may opt not to have it delivered by the breaching party through specific performance. Even when the promised item is unique, the plaintiff may choose not to enforce the remedy. Why? Is it too difficult to execute the remedy? Are motivations mixed? Do lawyers advise clients to pursue money damages over specific performance? Will the breaching party behave in good faith when complying with the order? Professor Yonathan Arbel, former managing editor of the New Private Law Blog, offers a fascinating qualitative study of this underexamined issue … (more)

[Caprice Roberts, JOTWELL, 25 May]

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