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Law Offices of Jonathan M. Cooper

Q:
Rather than give me a financial award, can the court force the other party to my New York contract to uphold its end of the agreement?

A:

In many lawsuits involving breach of contract in New York, the court awards financial damages to protect the victim. At times, however, the victim may prefer that the breaching party fulfill its end of the agreement. As a result, New York courts will sometimes force the other party to the contract to carry out the agreement. This is referred to as “specific performance.”

Unfortunately, not all New York breach of contract matters are eligible for specific performance. For example, you may not be able to force the other party to your contract to fulfill the terms of the agreement if:

  • Money damages would be sufficient to protect your interests.
  • Money damages are easy to calculate.
  • The subject matter of your contract is common and not unique.
  • There is an established market value for the subject matter of your contract. 
  • You have not fulfilled your obligations under the contract thus far.
  • You are not ready, willing, and able to fulfill your obligations that remain.

Determining whether you may be eligible for specific performance depends largely on the facts and circumstances surrounding your individual case. Analyzing your situation on your own can be difficult because the law in this area is complex. Fortunately, an experienced New York breach of contract attorney can help guide you through this process and protect your legal rights. 

For more information about monetary damages, specific performance, and other remedies following a breach of contract, contact a New York business litigation attorney today at (888) 497-3410 for a free consultation.