A question about specific performance

greenspun.com : LUSENET : Lessig's Contracts : One Thread

I was wondering about specific performance and I dont know exactly how it is applied (this may be because of my civil law background). In our civil law system specific performance is only available when the promisor is still able to fulfill his obligation and is willing to do it. If for example, the promisor has delivered the goods to a third person, specific performance is not available for the promisee. Here is my question: how does specific performance work in cases in which a unique good is not anymore with the promisor or the promisor just dont want to deliver it to the promisee? May the Court force the promisor to comply? Up to what extend? For example in the Laclede case, if Laclede, even though the opinion of the Court, decides not to comply with the judgment, may the court compel Laclede? How does the court do to compel the promisor in these cases in which the promisor doesnt want to comply or the goods are not anymore with the promisor?

-- Anonymous, October 15, 1998

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