Section 4.29 Balance of Equities

• Library: Contracts 2016 Supp

7. (§4.29) Balance of Equities

Courts have frequently refused to grant specific performance of contracts when doing so would upset the “balance of equities” or the “balance of hardships.” In these cases, the courts usually take into consideration the plaintiff’s conduct, the impact on the plaintiff if specific relief is denied, and the impact on the defendant and on the public if specific relief is granted. Specific performance has been denied when it would have worked a forfeiture on a defendant. Sease v. Cleveland Co-op. Stove & Hollow Ware Foundry Co., 42 S.W. 1084 (Mo. 1897). The remedy has also been denied when a building on the property had been destroyed and granting specific performance of a realty purchase...