Question

Sanders agreed in writing to write, direct, and produce a motion picture on the subject of lithography (a method for printing using stone or metal) for the Tamarind Lithography Workshop. After the completion of this film, Four Stones for Kanemitsu, litigation arose concerning the parties' rights and obligations under their agreement. Tamarind and Sanders resolved this dispute by a written settlement agreement that provided for Tamarind to give Sanders a screen credit stating “A Film by Terry Sanders.” Tamarind did not comply with this agreement and failed to include the agreed-upon screen credit for Sanders.

Sanders sued Tamarind seeking damages for breach of the settlement agreement and specific performance to compel Tamarind's compliance with its obligation to provide the screen credit.

1. What arguments would support Sanders' claim for specific performance in addition to damages?

2. What arguments would support Tamarind's claim that Sanders was not entitled to specific performance in addition to damages?

3. Which side's arguments are most convincing? Explain.

Answer 1