Understanding Specific Performance in University Contracts

Specific performance is a legal solution that requires a person or organization to stick to the promises made in a contract instead of just paying money for not doing so. This can be tricky when it comes to contracts at universities. Let's look at some challenges and solutions regarding this issue.

Challenges in Using Specific Performance

1. Contracts for Personal Services:

   • Many university contracts involve personal services, like those of teachers or staff. The law usually doesn't enforce these contracts by requiring specific performance because it can be awkward. For example, if a famous professor decides not to teach a course they promised, a court may not want to force them back. This could hurt the professor's personal freedom and might make them less motivated to teach.

2. Changing Educational Environments:

   • Schools are always changing, which makes enforcement hard. The roles of students, teachers, and staff can change, too. For example, if a university promises a certain set of classes and later changes its program, it’s tough to enforce that original promise. What was agreed upon might not even fit the new situation.

3. University Resources:

   • Universities may not always have the means to fulfill a contract. Imagine if a guest lecturer cancels. The school might not be able to find another guest speaker of the same quality in time. With tight schedules and budgets, it can be really hard to meet the original agreement.

Limitations in Remedies

• Court Hesitation:
  Judges often don’t like to force specific performance in these situations. They usually prefer to award money because it's easier to figure out how much and to enforce, especially since educational goals can be subjective and hard to measure.

• Vague Contract Terms:

  • Many university contracts are unclear or have loose terms. This vagueness can make it hard to enforce specific performance. For example, if a contract says a service provider must deliver a certain quality of education but doesn’t explain how to measure that quality, it’s difficult to hold them accountable.

Possible Solutions

1. Write Clear Contracts:

   • To avoid these challenges, it's essential for universities to use clear language in their contracts. Clearly stating roles, responsibilities, and expectations from the start can help if something goes wrong. Adding specific ways to measure performance can also make it easier to enforce the agreement.

2. Include Flexibility:

   • Contracts should have some room for change. By including clauses that allow for adjustments in case of unexpected changes (like a staff member leaving), universities can reduce the chances of a breach.

3. Consider Other Solutions:

   • Because it’s tough to enforce specific performance, universities should think about adding alternate solutions in their contracts. Clearly outlining processes for settling disputes, like mediation or arbitration, can help resolve issues without dragging the matter into court.

In Conclusion

While specific performance can be a valid solution for broken contracts at universities, using it can be much harder than it sounds. By improving contract clarity, adding flexibility, and looking at other options for resolving disputes, universities can do a better job of dealing with these challenges and finding effective solutions if a contract is broken.