Contracts II

Restatement Second of Contracts § 359


Restatement Second of Contracts § 359

Effect of Adequacy of Damages

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  1. Specific performance or an injunction will not be ordered if damages would be adequate to protect the expectation interest of the injured party.
  2. 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.
  3. 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].
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