- Specific Performance: equitable remedy, available only if monetary damages are clearly inadequate to compensate the injured party. Depends on the subject matter of the contract. [relief of last resort]
- BAR TIP: Specific performance is almost never the right answer on MBE.
- Real Property: Available for real property. Real property is unique.
of Goods (Article 2): only available if the good is unique or the buyer cannot cover (art, antiques, custom goods) – when similar goods are not available in the marketplace. Sale
- Service contracts: generally not available. The court is not going to force someone to work.
- However, courts are willing to bar an employee from working for a competitor -- negative specific performance.