Many businesses manage to resolve breach of contract disputes outside of court. However, there are always scenarios in which compromise isn’t possible. Perhaps the other party refuses to take responsibility for their failures, and you need a more aggressive solution than the mediocre compromises they have previously proposed.
Going to court can resolve an ongoing contract dispute. The judge has multiple tools at their disposal to help them resolve a breach of contract. One of them is specific performance or the power to require someone to follow through with a contractual agreement.
When could specific performance be a desirable outcome in a breach-of-contract case?
When you have already fulfilled your obligations under the contract
Maybe you agreed on an exchange of services or goods and not a simple purchase. You may have already performed the service required by the other party or provided them with the materials or supplies as negotiated in your contract. Expecting them to follow through with their side of the agreement after the completion of your obligations is only natural.
On the other hand, perhaps it was the monetary contract. If you have already made full payment or even partial payment for the delivery of goods or certain services, asking the courts to have the other party follow through with the agreement could be the fastest and simplest solution.
When finding an alternate provider would represent a hardship
Perhaps you contracted someone for a skilled service with no other nearby licensed professionals offering the same service. Maybe you need a specific material or product and the other party to the contract is the only person who can deliver those goods to you.
If trying to find someone else to provide the same materials or services would create a secondary hardship for you after the initial complications of the contract breach, requiring the other party to fulfill their obligations to you could be the best way to minimize the long-term impact of the breach on your business.
When you hope to rebuild your working relationship with the other party
A breach of contract could lead to major conflicts that sever your business relationship permanently. Needing to work together again because of a court order can be a means for you to repair the damage to your relationship and establish how valuable you find the other party. You may be able to eventually renegotiate a new contract that better protects both parties.
Thinking about the best outcome for a contract litigation scenario can help you determine what compensation or support to request before you go to court.