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This changed with Todd v Gee in 1810, where Lord Eldon held that "except in very special cases, it was not the course of proceeding in Equity to file a Bill for specific performance of an agreement; praying in the alternative, if it cannot be performed, an issue, or an inquiry before the Master, with a view to damages.
It sued for "specific performance," demanding that Dow Chemical complete the deal it had agreed to.
Instead, Accredited negotiated a favorable material adverse change clause and provided for specific performance in their agreement.
"If those guys don't pay, I'll cut their [expletive] off and sue the hell out of them for specific performance".
This case began as a simple action for specific performance of a contract, but it did not remain so.
Moreover, courts seldom enforce contract clauses that explicitly provide for specific performance in the event of breach.
Similar(25)
Biological passports work by creating individual blood profiles for each athlete, instead of testing for specific, performance-enhancing drugs.
Usually, smaller works, for specific performances, are composed at the same time.
The design respects and integrates the original structure and its utilitarian ethos, providing flexible "blank slate" space that can be shaped and reshaped for specific performances and/or to accommodate changing uses.
All payouts for specific performances in a game, including interceptions or causing fumbles, are against NFL rules.
Since the publication of the Vienna manuscript score in 1922 the opera has been edited frequently, sometimes for specific performances or recordings.
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CEO of Professional Science Editing for Scientists @ prosciediting.com