From: Sandra Wenner <[log in to unmask]>
Date: Thu, 24 Jan 2013 14:52:47 +0000

"Specific performance," in my experience" is one type of remedy for
breach of contract. Here's a definition from law.com:

specific performance

n. the right of a party to a contract to demand that the defendant
(the party who it is claimed breached the contract) be ordered in the
judgment to perform the contract. Specific performance may be ordered
instead of (or in addition to) a judgment for money if the contract
can still be performed and money cannot sufficiently reward the
plaintiff. Example: when a defendant was to deliver some unique item
such as an art- work and did not, a judge may order the defendant to
actually deliver the artwork.

Example: I hire you to paint my ceiling because you do a unique brand
of painting that I would not be able to find someone else to do
(pretend you're Michelangelo here), especially at the same or a
similar price. You breach our contract. Instead of making you repay
the money I paid you so I can then hire John Doe to do it, the Court
recognizes your special abilities and orders you to paint the ceiling.

My legal skills are rusty, but that's the gist of specific performance.

Sandra L. Wenner, MLS, JD
Assistant Director for Content Management
Library of Rush University Medical Center
600 S. Paulina Street, Suite 577
Chicago, IL 60612-3832

-----Original Message-----
From: Matthew Person <[log in to unmask]>
Date: Wed, 23 Jan 2013 16:36:22 -0500

Is anyone familiar with the term "Specific Performance" used in a
license for an electronic resource?
Recently I have seen it used in one license, and in another license
language was used to state that the publisher could impose fees upon a
library if it deemed a breach of terms had occurred...

Seems like a very open ended clause that hypothetically could place
the library in quite a bind in the (unlikely event) such a clause was
exercised.

Any thoughts on this, thanks in advance.

Matt

Matthew Person
MBLWHOI Library
Woods Hole, MA