Imagine a world where specific performance of contracts is no longer a cause of action because the contracts themselves automatically execute the agreement of the parties. Or where escrow agents are ...
Editor’s Note: The SCM thesis Better Contract = Better 3PL Performance was authored by Mykola Oleksyn and Tony Kook and supervised by Dr. Mehdi Farahani ([email protected]) and Dr. Maria Jesús Sáenz ( ...
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...
The existence of a valid and binding written or oral contract between the parties. The plaintiff’s performance, partial performance (in some cases), or excuse for nonperformance of its contractual ...