2 ms·
Suing for specific performance is mostly a thing of the past; it sometimes happens in regard to real estate transactions. It was quite common in the pre-modern
by mjh2539 4y ago
Suing for specific performance is mostly a thing of the past; it sometimes happens in regard to real estate transactions. It was quite common in the pre-modern era. Think runaway apprentices, indentured servitude, etc.
- CoastalCoder 4y agoIs it simply out of fashion, or has the law changed? IANAL, but my understanding is that specific performance requires: - a court that's permitted to use specific performance as a remedy, and - there's no monetary award that makes the plaintiff whole. If I'm right, then I'd think that this issue with Google meets those criteria.
- toast0 4y ago> - there's no monetary award that makes the plaintiff whole. > If I'm right, then I'd think that this issue with Google meets those criteria. Wouldn't returning the purchase money or reversing the purchase of the phone make the plaintiff whole? Perhaps a competitor could complain that the unfulfilled promise was anti-competitive and disrupted their sales, but they could be made whole by money damages.