Problem:
If someone breaks a contract, the other party can generally sue and win some form of damages. But for centuries, the law has considered land to be unique. And so, a lawsuit that involves a broken agreement for a sale of land will usually result in an order of specific performance.
Is this ancient rule still reasonable? If someone backs out of an agreement to sell an acre of land, should he be ordered to turn over the land itself? Why not just require him to pay an appropriate number of dollars in damages?
In your response, pay particular attention to:
- Breaching Contract
- Expectation, Reliance & Restitution Interest
- Specific Performance, Injunction & Reformation