Specific Performance. Nature and Scope. Personal Services to Be Rendered by Plaintiff Exercising Pre-Emptive Right under Covenant to Purchase Land Held No Bar to Specific Performance

1956 ◽  
Vol 70 (2) ◽  
pp. 390
Keyword(s):  
Personal Services ◽  
Specific Performance

21. Specific enforcement

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Personal Services ◽  
Specific Performance

This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration and mutuality.

Contract Remedies and Inalienable Rights

1986 ◽  
Vol 4 (1) ◽  
pp. 179-202 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
Subject Matter ◽  
Breach Of Contract ◽  
External Resources ◽  
Personal Services ◽  
Specific Performance ◽  
Legal Relief ◽  
The Subject ◽  
Equitable Relief ◽  
Inalienable Rights ◽  
Consent Theory

I. IntroductionTwo kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights.My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable.I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources.

Contract Growing for the Export-oriented Cut Flowers Industry in Turkey

HortScience ◽  
1998 ◽  
Vol 33 (3) ◽  
pp. 531a-531 ◽  
Author(s):  
Robin G. Brumfield ◽  
Burhan Ozkan ◽  
Osman Karagüzel
Keyword(s):  
Performance Indicators ◽  
Price Setting ◽  
Production Structure ◽  
Cut Flower ◽  
Cut Flowers ◽  
Product Price ◽  
Plant Materials ◽  
Flower Production ◽  
Specific Performance ◽  
Insight Into

Thirty cut flower businesses were surveyed in 1997 to examine the production structure and main problems of export-oriented contract growing in Turkey. The survey was conducted in Antalya province, which is the center of export-oriented cut flower production in Turkey. The results of the research provided insight into how Turkish cut flower-contracted growers were managing some of the key areas of their operations. The study also provided the opportunity for growers to highlight their concerns about contract growing for export-oriented cut flower production. The survey showed that contract growers do not use specific performance indicators relevant to cut flower production. The product price received by the contract growers was determined by the export companies. These export companies receive flowers from growers mainly on consignment. After exporting the products, exporters periodically pay the grower, subtracting a commission for their services and other marketing expenses. Contract growers are essentially price takers in the transactions. The business procedure from production to price setting and marketing was not in the hands of the contract growers. Therefore, the trading risks are essentially borne by the contract growers. The main concerns raised by contract growers were the current consignment system, cost of the plant materials, and the late payment for the sold products.

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