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Contractual Remedies: Beyond Enforcing Contractual Duties

Mindy Chen-Wishart
85 Geo. Wash. L. Rev. 1617

The question that I want to address is a pretty fundamental one in contract law. When I order a pizza, I want the pizza; I don’t want damages for not getting the pizza. So why is it that contract law will only give me damages and not my pizza? Why is specific performance a secondary remedy that only kicks in if damages are thought to be “inadequate”? And even then, a lot of other considerations can block the award of specific performance.

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