October 2026

Introduction While specific performance remains one of the most direct ways of enforcing a contractual promise, it is not the only remedy available when a contract is breached. In appropriate circumstances, the law may instead offer and courts may consider alternative remedies that seek to compensate the aggrieved party, restore the position that existed before

Introduction Part IV of this series turns to an issue that frequently arises at the intersection of contractual obligations and the equitable remedy of specific performance: contingent contracts and their enforceability. While the essential requisites for seeking specific performance provide the foundational framework, the position becomes considerably more nuanced where the parties’ obligations are themselves