R2d § 357

Availability of Specific Performance and Injunction

R2d § 357 Availability of Specific Performance and Injunction
(1) 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. (2) 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.

Professor's notes

Elements: (1) 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; (2) injunction against breach will be granted in the discretion of the court against a party who has committed or is threatening to commit a breach.

Discretionary equitable remedies, gated by the inadequacy of damages (§ 359).

Van Wagner v. S&M Enterprises operationalizes: billboard lease; specific performance denied because damages were adequate (the location's uniqueness was not the bargained-for value).

Common misunderstanding: students think SP is available whenever damages feel inadequate. The court asks (a) are damages adequate (§ 359); (b) are terms definite enough to enforce; (c) is enforcement feasible without undue burden on the court. Personal service contracts almost never get SP: 13th Amendment plus supervision concerns. Land contracts almost always do.

Text

R2d § 357. Availability of Specific Performance and Injunction.

(1) 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.

(2) 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.