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Money alone may not resolve disputes regarding contracts

Receiving money after another party breached an agreement does not always make things better for a Massachusetts business. The nature of some contracts means that it would be better for the injured party for the breaching party to fulfill his or her part of the agreement. For this reason, the law allows a court to order that person or entity to do just that.

The legal remedy is called "specific performance." The court orders the defendant in the case to fulfill the obligations outlined in the contract since it is the only way to rectify the problem. This remedy is most often used when money or some other remedy will not make things right for the plaintiff due to the specific subject matter of the contract.

Before ordering the other party to fulfill the contract, the court will want to make sure that the plaintiff has fulfilled his or her obligations under the contract. It will also review the contract in order to make sure it contains all legally required elements, and is equitable and fair. The plaintiff will more than likely be required to show the court that specific performance is the only viable remedy to settle the dispute.

Massachusetts law allows for a number of remedies to those who prove the other party breached their contracts. When money or other damages simply are not enough to make the plaintiff "whole," specific performance may be the only way. Business owners involved in disputes regarding the delivery or receipt of goods or services from another party probably need to determine their legal rights and options, including potentially available remedies, before moving forward with litigation.

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