Tips for Achieving More Certainty of Specific Performance Availability

Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party. But it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate. This article discusses why and suggests some ways parties can achieve more certainty in this regard.

6 minute read August 01, 2023 at 12:11 AM
By
Adrienne B. Koch and Neil S. Miller
Tips for Achieving More Certainty of Specific Performance Availability

Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party.

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