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.
a. What arguments would support Sanders’ claim for specific
performance in addition to damages?
b. What arguments would support Tamarind’s claim that
Sanders was not entitled to specific performance in addition
to damages?
c. Which side’s arguments are most convincing? Explain
