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Contracts and Specific Performance

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During the class - we have discussed a number of contractual remedies for contracts - including (in very limited cases) the remedy of Specific Performance. However - this begs the questions, if the law is promote "enforceable promises" in the form of a contract, why not make specific performance the primary remedy? Do you think we should rely on such a remedy rather than monetary damages? What positives and negatives would you see?

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The problem with specific performance is that it may force a relationship between hostile parties. For instance, let's say you agreed to allow a partner to enter the firm and bring their clients. However, they did not disclose their criminal background and so you want to exclude them. In the meantime some of the new partner's client did ...

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Carol Sargent, PhD
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  • BSc, University of Virginia
  • MSc, University of Virginia
  • PhD, Georgia State University
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