Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Specific performance
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
== Legal debate == There is an ongoing debate in the legal literature regarding the desirability of specific performance. Economists, generally, take the view that specific performance should be reserved to exceptional settings, because it is costly to administer and may deter promisors from engaging in [[efficient breach]]. Professor Steven Shavell, for example, famously argued that specific performance should only be reserved to contracts to convey property and that in all other cases, money damages would be superior.<ref>{{Cite journal|title = Specific Performance versus Damages for Breach of Contract|ssrn = 868593|date = 2005-11-01|location = Rochester, NY|first = Steven|last = Shavell| doi=10.2139/ssrn.868593 }}</ref> In contrast, many lawyers from other philosophical traditions take the view that specific performance should be preferred as it is closest to what was promised in the contract.<ref>{{Cite journal|title = The Divergence of Contract and Promise|ssrn = 959211|date = 2007-01-24|location = Rochester, NY|first = Seana|last = Shiffrin}}</ref> There is also uncertainty arising from empirical research whether specific performance provides greater value to promisees than money damages, given the difficulties of enforcement.<ref>{{Cite journal|title = Contract Remedies in Action: Specific Performance|ssrn = 1641438|date = 2015-01-16|location = West Virginia Law Review|first = Yonathan A.|last = Arbel| doi=10.2139/ssrn.1641438 | s2cid=156489028 }}</ref>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)