3 ms·
Is 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 spec
by CoastalCoder 4y ago
Is 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.