On May 30, 2023, the Appellate Division, First Department, decided 301 East 60th Street LLC v. Competitive Solutions LLC, 217 AD3d 79 (1st Dept. 2023) (Competitive Solutions)—the first decision to ...

A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...

The authors explore cases where the remedy of specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance. They ...

When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...

Depending on the circumstances, a party may wish to seek an injunction to prevent the counterparty from breaching the contract. A party may seek injunctive relief where it appears that the ...

Specific performance is one of the most powerful and intrusive remedies of equity, as it goes beyond monetary compensation and compels the actual fulfilment of a contractual obligation. Its ...

https://doi.org/10.2307/789484 • https://www.jstor.org/stable/789484 Copy URL ...