Contracts: Requirements List

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Contracts: Requirements List

Fall 1999 Professor Kniffin


St. Johns Universit School of La!
Daniel B. OSullivan
Specific Performance
Money Damages are Inadequate
Courts will not have to interfere or oversee performance
Original contract clearly states performance sought.
Court will not force antagonistic parties to cooperate.
Restitution !n"ust #nrichment$
received %enefit
&enefit was at the 's e(pense
It would %e un"ust to allow the to )eep the %enefit.
*he %enefit was not intended as a gift
Promissory #stoppel
made unconditional promise
Promise was relied on to 's detriment
's reliance was reasona%ly foreseea%le %y
Reliance itself was reasona%le
In"ustice may only %e avoided %y granting relief.
Court may grant any relief it feels will do "ustice$.
#quita%le #stoppel
made statement of fact
Statement was relied on to 's detriment
's reliance was reasona%ly foreseea%le %y
Reliance itself was reasona%le
In"ustice may only %e avoided %y granting relief.
Court may grant any relief it feels will do "ustice$.

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