Contracts Commons^™

Equitable Contract Remedies - Denial Of Both Specific Performance And Rescission

Michigan Law Review

Serious problems of doing justice between parties to a contract arise where on the one hand specific performance of the contract is refused on equitable grounds such as hardship, and on the other hand rescission of the contract is denied and the contract is allowed to stand as a binding legal obligation. The objects of the present comment are two: to examine critically the situations where this result has actually been reached, and to inquire whether there is any real advantage, in the administration of contract remedies, in recognizing an intermediate ground between specific performance and rescission.