In this Article, Professor Narasimhan examines the relationship between the doctrine of modification and the extraordinary contract remedy of specific performance. The author argues that an anomaly in modern modification doctrine enables the party who accepts the other party's modified terms to exploit the contractual relationship. The party agreeing to new contractual terms may receive performance and then contest the modification in court. If successful in challenging the modification, the party effectively will have received specific performance. Professor Narasimhan argues that this self-help remedy is available even when the party would not have been awarded specific performance in an action for breach of the original contract. The author argues that modification doctrine should minimize this opportunity for exploitation by ensuring that the self-help remedy is available only when specific performance would have been the appropriate remedy in enforcing the original contract.
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