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Groupe de distingués

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Daniel Rodriguez
Daniel Rodriguez

Where To Buy Sokoff



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where to buy sokoff



We also reject Harriman's assertion that specific performance is an inappropriate remedy because the architectural plans are not unique and a dollar value can be placed on the purchase of replacement plans. In general, specific performance will not be ordered where money damages "would be adequate to protect the expectation interest of the injured party" (Restatement [Second] of Contracts 359 [1]; see also, Van Wagner Adv. Corp. v S & M Enters., 67 NY2d 186, 191-194). Specific performance is a proper remedy, however, where "the subject matter of the particular contract is unique and has no established market value" (Van Wagner Adv. Corp. v S & M Enters., supra, at 193).


The decision whether or not to award specific performance is one that rests in the sound discretion of the trial court. In determining whether money damages would be an adequate remedy, a trial court must consider, among other factors, the difficulty of proving damages with reasonable certainty and of procuring a suitable substitute performance with a damages award (see, Restatement [Second] of Contracts 360). Specific performance is an appropriate remedy for a breach of contract concerning goods that "are unique in kind, quality or personal association" where suitable substitutes are unobtainable or unreasonably difficult or inconvenient to procure (see, id., comment c).


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