Can Specific Performance Lie Against a State in Contract?

Abstract

Compelling performance of contractual obligations is perhaps the most coercive application of equitable jurisdiction of courts, its essence being make parties do that which they had undertaken and prevent them from walking away, without legitimate cause, from obligations negotiated in good faith. However, governments routinely breach when there is a change in law or policy, where performance has become unbearably expensive, or simply for political expediency. This article examines whether the state can and/or should be exposed to remedial jurisdiction of courts to compel performance of contracts.