110 Iowa L. Rev. Online 117 (2025)
Abstract
This brief response to The Case for Specific Performance of Personal Service Contracts by Kimbery Krawiec and Nathan Oman builds on their suggestions for a limited expansion of the availability of the specific performance remedy in contracts for personal services. The response quickly reviews Professor Krawiec and Oman’s arguments and registers some skepticism as to the likelihood that parties would agree to specific performance as a remedy in the situations they discuss. They make the excellent point that a positive injunction can be a tool to bring about settlement. In addition, specific performance should also be available where the court can be confident that: (1) the party subject to such an order will perform to the best of their ability and (2) the party that has to pay for such performance will not, if forced to pay, interfere with optimal performance.