Specific Performance

4 Dec 2015

Specific Performance


End Date: 12/03/2015 - 7:00pm

Chase Center

Chase Community Center

​​​​​​​Legal Realm v. VLS (SCOTUS 1999):

  • Facts: Students at VLS wanted to organize a talent show. The students wanted to title the talent show "Specific Performance," but the legal community was outraged that the new title would confuse future clients. The legal community argued that "Specific Performance" should only be used to refer to "the performance of a contractual duty, as ordered in cases where damages would not be adequate remedy." VLS students argued that the correct meaning of "Specific Performance" is a "talent show extraordinaire." A long and arduous battle led this case to the Supreme Court. 
  • Issue: Whether "specific performance" at VLS refers to a contractual duty where damages are not an adequate remedy.
  • Rule/Elements: Specific Performance - (1) Free beer, (2) free food, (3) the best entertainment this side of the Mississippi, and (4) Beriah Smith having a microphone for copious amounts of time.
  • Reasoning: The Court reasoned that although there are two definitions for "specific performance," only one could be appropriately applied to this campus. Because there was no contractual agreement involved in this scenario, the Court looked to the VLS definition of Specific Performance to see if all elements had been satisfied. In this case, the students had provided free beer and food to everyone attending, which satisfied the first two elements. Although there was some discrepancy as to the meaning of "entertainment," the Court relied on the 5th, 8th, 9th, and 10th Circuits who had defined "entertainment" as: The action of providing or being provided with amusement or enjoyment." Although the list was not exhaustive, the examples given were as follows: (1) singing, (2) dancing, (3) playing an instrument, or (4) lip syncing for your life. Finally, the Court found that the students had given Beriah Smith a microphone for copious amounts of time because he not only performed, but was also emcee.   
  • Holding: No. "Specific Performance" at VLS does not refer to a contractual duty where damages are not an adequate remedy, rather, it refers to a Talent Show Extraordinaire. The court further held that the last day of classes for Fall Semester must be saved for Specific Performance at 7PM.

Oyez.com Version

What: Talent Show

When: Friday, December 4th, 2015

Where: Chase Center

Time: 7PM-9PM

How to Sign Up for this Glorious Event to Show Off Your Talent

 Email Dexter directly at: KristinDexter@vermontlaw.edu stating the entertainment you will be providing.​

Questions? Concerns? Contact Kristin Dexter at KristinDexter@vermontlaw.edu