Specific Performance

Listokin, Yair,”The Empirical Case for Specific Performance: Evidence from the Tyson-IBP Litigation”; (March 1, 2005). http://ssrn.com/abstract=679874.

This article provides an actual instance in which specific performance as a contract award increased market value. Thus, from a post-breach perspective, the common law’s preference for damages may be misplaced. An interesting perspective on damages.