SWB is a distributor of kosher food products in New England. SWBs only substantial competitor is Millbrook.

Question:

SWB is a distributor of kosher food products in New England. SWB’s only substantial competitor is Millbrook. SWB entered a contract to buy kosher products from Rokeach. Rokeach is the dominant kosher food supplier in the region and has established a trusted brand name in England for kosher products. After the SWB-Rokeach contract was in place, RAB Food Group (Food Group) purchased Rokeach. Food Group refused to honor the SWB-Rokeach contract and began to sell only to Millbrook. SWB brought suit, asking for specific performance from Food Group and Rokeach.

CASE QUESTIONS

1. What are the specific requirements for a court to grant specific performance to SWB?

2. Do these requirements fit this case?

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