Contracts: Remedies: In Rem: Specific Performance

• 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.

• Sale 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.

• 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.