26 Capital Acquisition Corp. v. Tiger Resort asia Ltd., CA No. 2023-0128-JTL (Del. Ch. September 7, 2023) – Even where the parties have contractually agreed that specific performance is the preferred remedy for a breach, the decision whether to award that relief nevertheless remains within the Court of Chancery's discretion.
Source: Chancery Denies Specific Performance in De-SPAC Transaction Based on Difficulty of Enforcement and Plaintiff's Inequitable Conduct