Topic
Specific performance
76 published works
Delaware Corporate & Commercial Litigation Blog
Specific Performance; Rescission; Parol Evidence Rule and Integration Clause
In Carrow v. Arnold, (Del. Ch., Oct. 31, 2006), read opinion here, the Delaware Chancery Court denied a claim for rescission of an agreement for real estate. In the process, it…
Delaware Corporate & Commercial Litigation Blog
Chancery Court Rules on Specific Performance; Equitable Fraud; Intentional Misrepresentation; Rescission; Uncertain Damages and Unrebutted Expert Testimony
Williams v. White Oak Builders, Inc., (read opinion here.) In this Chancery Court case, a homeowner sought specific performance of an alleged covenant, or alternatively rescission of a contract for the sale of…
New York Attorney Malpractice Blog
Frivolous Appeal, $70,000 in Sanctions and Fees
Plaintiff brought the action for specific performance in a doomed commercial real estate deal. Plaintiff argued oral contract to sell real estate. Not a strong position? So weak, in this…
ContractsProf Blog
Steel customers seeking specific performance
Rising steel prices are putting a great deal of pressure on auto-parts manufacturers, who are turning to the doctrine of specific performance to compel their supplier to deliver what they…
ContractsProf Blog
Specific Performance
Listokin, Yair,"The Empirical Case for Specific Performance: Evidence from the Tyson-IBP Litigation"; (March 1, 2005). http://ssrn.com/abstract=679874.This article provides an actual instance in which specific performance as a contract award increased…
ContractsProf Blog
Cases—Specific Performance—Think before you send the e-mail
A distributor lost its claim for specific performance against a manufacturer because it had itself announced termination of the agreement by e-mail before bringing suit, according to the First Circuit.…