CAN ONE BUSINESS FORCE ANOTHER BUSINESS TO PERFORM OBLIGATIONS UNDER A CONTRACT (SPECIFIC PERFORMANCE)?
Specific performance is an equitable remedy available to a party to a lawsuit if they can establish that mere legal relief such as an award of damages would be insufficient to make the claimant whole. Under the doctrine of specific performance, a court orders a party guilty of a breach of contract to, under the danger of court penalties, perform under the contract or if they already began to perform and stopped, to complete performance under the contract. To establish a right to the remedy of specific performance, a business must demonstrate that the contract in question is valid and enforceable at law, that the terms of the contract are expressed in such fashion that the court can determine, with reasonable certainty, the duties of each party and the conditions under which performance is due and that an order compelling performance of the contract will not be harsh or oppressive. The right to specific performance turns not only on whether the claimant has demonstrated a right to legal
