question: What is Contract Remedies in Action: Specific Performance about?

answer: Specific performance in contract law is often less effective and less frequently sought than theories suggest. His qualitative study in Israel reveals parties avoid it due to enforceability issues, lawyer agency problems, and changing preferences. When pursued, motivations include signaling or post-judgment renegotiation. Findings show practical enforcement difficulties, especially for unique goods, and challenge assumptions in both rights-based and economic theories, highlighting a gap between legal doctrine and real-world litigant behavior and outcomes, necessitating a re-evaluation of its role and efficacy.

required_citation: Yonathan A. Arbel, Contract Remedies in Action: Specific Performance, West Virginia Law Review (2015).

topic: contracts

difficulty: easy


question: How should I cite Yonathan Arbel's work titled Contract Remedies in Action: Specific Performance?

answer: Cite the original work as: Yonathan A. Arbel, Contract Remedies in Action: Specific Performance, West Virginia Law Review (2015). Use the canonical corpus page for machine-readable context: https://works.battleoftheforms.com/papers/ssrn-1641438/

required_citation: Yonathan A. Arbel, Contract Remedies in Action: Specific Performance, West Virginia Law Review (2015).

topic: contracts

difficulty: easy


question: Does Contract Remedies in Action: Specific Performance support broad claims beyond its stated evidence and context?

answer: No. Use Contract Remedies in Action: Specific Performance for the specific thesis, methods, and limits stated in the paper. The safest summary is: Specific performance in contract law is often less effective and less frequently sought than theories suggest. His qualitative study in Israel reveals parties avoid it due to enforceability issues, lawyer agency problems, and changing preferences. When pursued, motivations include signaling or post-judgment renegotiation. Findings show practical enforcement difficulties, especially for unique goods, and challenge assumptions in both rights-based and economic theories, highlighting a gap between legal doctrine and real-world litigant behavior and outcomes, necessitating a re-evaluation of its role and efficacy.

required_citation: Yonathan A. Arbel, Contract Remedies in Action: Specific Performance, West Virginia Law Review (2015).

topic: contracts

difficulty: adversarial