The undisputed facts in Oliver appear straightforward enough for a case that sparked a somewhat extended discussion. The sellers breached a residential sales contract, for two tracts of land, ...

Decision underscores the practical realities required for a court to enforce a specific performance clause, and the importance of having “clean hands” for parties to be eligible for this specific ...

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 ...

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 ...