Specific Performance and Negative Injunctions - April 5 Flashcards
What is specific performance? (DeLong)
“Specific performance” is a remedy a court can give when a party threatens to breach a contract. The court issues an injunction ordering the party to perform the contract. If the party disobeys the injunction and fails to perform, the court can hold the party in contempt. In extreme cases, the party can be fined or even jailed until he complies with the court’s order. (465)
When will the court grant specific performance of a contract duty? (R)
Subject to the rules stated in §§ 359-69, specific performance of a contract duty will be granted in the discretion of the court against a party who has committed or is threatening to commit a breach of the duty. (357)
When will the court grant an injunction against breach of a contract duty? (R)
Subject to the rules stated in §§ 359-69, an injunction against breach of a contract duty will be granted in the discretion of the court against a party who has committed or is threatening to commit a breach of the duty if:
(a) the duty is one of forbearance, or
(b) the duty is one to act and specific performance would be denied only for reasons that are inapplicable to an injunction. (357)
Will specific performance or injunction be ordered if damages would be adequate to protect the expectation interest of the injured party? (R)
No. (359)
Does the adequacy of the damage remedy for failure to render one part of the performance due preclude specific performance or injunction as to the contract as a whole? (R)
No. The adequacy of the damage remedy for failure to render one part of the performance due does not preclude specific performance or injunction as to the contract as a whole. (359)
Will specific performance or an injunction be refused merely because there is a remedy for breach other than damages? (R)
No. Specific performance or an injunction will not be refused merely because there is a remedy for breach other than damages, but such a remedy may be considered in exercising discretion under the rule stated in (359)
Will a promise to render personal service be specifically enforced? (R)
No. A promise to render personal service will not be specifically enforced. (367)
When will a promise to render personal service exclusively for one employer not be enforced? (R)
A promise to render personal service exclusively for one employer will not be enforced by an injunction against serving another if its probable result will be to compel a performance involving personal relations the enforced continuance of which is undesirable or will be to leave the employee without other reasonable means of making a living. (367)
