When parties in a long-term arrangement find it increasingly difficult to work with one another, one side might conclude that persisting in performance will only ensure the parties’ mutual destruction. At that point, it might risk terminating the relationship even without an express contractual basis, such as in the case of an efficient breach or a common law termination. The non-terminating party might then sue, insisting that specific performance of the ongoing relationship is the only way to rectify the alleged harm.

In that case, the plaintiff will be seeking an order requiring the parties to work closely together for an extended time, not a simple one-time action. Therefore, the inquiry should not be limited to whether or not money damages are adequate.

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