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- Posts: 1315
- Joined: Thu May 29, 2008 3:23 am
Can you stipulate specific performance against the breaching party in a K and force them to do something when there is an adequate/commercial remedy? I know policy is compensate not punitive but I'm thinkin maybe because of freedom to make k's
- Posts: 547
- Joined: Mon Jan 17, 2011 1:59 pm
well they're contractually obligated to perform their end of the bargain in the first place, so it would be redundant to put in another clause that says the remedy for non-performance is performance. I think a judge would just see this as an end-run-around the general rule of not ordering specific performance of a contract.
- Posts: 1116
- Joined: Fri Jan 14, 2011 8:01 am
No, you can't order specific performance. As we learned it, ordering a person to actually perform in a service is involuntary servitude. The only time Specific Performance is allows when it's for a unique good, land, or if it's a commercial offer (like a store's space in a shopping mall) that has damages that are far too speculative over time.
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