Contracts II
Restatement Second of Contracts § 359
Effect of Adequacy of Damages
- Specific performance or an injunction will not be ordered if damages would be adequate to protect the expectation interest of the injured party.
- The adequacy of the damage remedy for failure to render one part of the performance due does not preclude specific performance or injunction as to the contract as a whole.
- Specific performance or an injunction will not be refused merely because there is a remedy for breach other than damages, but such a remedy may be considered in exercising discretion under the rule stated in [R2C § 357].
Copyright, The American Law Institute