Medical Eye Clinic Corporation enters into a contract with local musician Natalie, who agrees to perform for a meeting of Medical Eye's personnel to be held in its main office building. Before the date of the meeting, Natalie refuses to perform, citing

Question

a higher-paying gig. Meanwhile, Medical Eye contracts to sell the building to Optical Center, Inc, but before the transaction is complete, Perfect Vision Company offers to pay a higher price. Medical Eye re¬fuses to transfer the building to Optical Center. In separate suits by Medical Eye against Natalie and by Optical Centeragainst Medical Eye, each plaintiff seeks specific performance. How might the court rule in each case, and why?

Answer 1

Generally, the equitable remedy of specific performance will be granted only if two requirements are met: damages (money), under the circumstances, must be inade¬quate as a remedy, and the subject matter of the contract must be unique. The basic requirements for spe¬cific per¬formance are usually not met in cases involving per¬sonal ser¬vice con¬tracts. If the identical service is readily avail¬able from others, the service is not unique, and damages for nonper¬formance are adequate. If, how¬ever, the services are so personal that only the contracting party can per¬form, the subject matter of the con¬tract satisfies the test of uniqueness; but a court may refuse to grant specific perfor¬mance if (1) enforcement of an order of specific performance requires involuntary servitude, which is prohibited by the Thirteenth Amendment to the U.S. Constitution, or (2) it is impracti¬cal to impose an order of mean¬ingful performance on someone against his or her will.
In the case of the artist, specific performance is likely not an appropriate remedy.
In a sale of land, the buyer's contract is for a specific piece of real property. The land under contract is unique, be¬cause no two pieces of real prop¬erty have the same legal description. In addition, damages would not compensate a buyer ade¬quately, as the same land cannot be purchased else-where. In the case of Optical Center, specific per¬formance would be an appropriate remedy.