Brooklyn, NY asked in Contracts for New York

Q: Can someone be forced to fulfill a service contract?

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2 Lawyer Answers
Gregory Byrnes
Gregory Byrnes
Answered
  • New York, NY
  • Licensed in New York

A: The answer is it depends. However, the 13th amendment generally prevents the enforcement of specific performance of a service contract. Other penalties, such as monetary penalties or revocation of a license may be enforced.

Bruce Alexander Minnick agrees with this answer

A: Unless the written contract itself requires specific performance, the answer is no. And even if the agreement does require specific performance, there are several legal defenses (like impossibility, death, failure of consideration or act of God) that would defeat a claim.

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