Code of Alabama
Ala. Code § 8-1-43 (2026)
Neither Party to Obligation Compelled Specifically to Perform Unless Other Party Performs.
✓ official Alabama Legislature (ALISON) text, current July 2026
Neither party to an obligation can be compelled specifically to perform it unless the other party thereto has performed or is compelled specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, with full compensation for any want of entire performance.
Code 1923, § 6829; Code 1940, T. 9, §51.)
Notes of Decisions
Cited in 3
cases, 1997–2013 · leading case: Northcom, Ltd. v. James, 694 So. 2d 1329 (Ala. 1997).
Northcom, Ltd. v. James, 694 So. 2d 1329 (Ala. 1997). “As well as expressing a strong policy against specific enforcement of arbitration contracts, the Alabama legislature has also adopted a strong version of the doctrine of mutuality of remedy, also found in the Code article on specific performance: "Neither party to an obligation…”
Selma Med. Ctr., Inc. v. Fontenot, 824 So. 2d 668 (Ala. 2001). “, and the Physicians; (2) that by the time the Agreements were legally binding, the two doctors were Alabama residents; [10] (3) *674 that the Agreements were negotiated and executed in Alabama; (4) that the Agreements were personal-service contracts for the Physicians to…”
Robertson v. Mount Royal Towers, 134 So. 3d 862 (Ala. 2013). “” This rationale is true even more so in Alabama, where, as a result of § 8-1-43(3), we have largely “not developed rules of arbitration for dealing with pre-dispute agreements independent from the law that has developed in cases in which the [FAA] applied.”
— Ala. Code § 8-1-43(3) — 2 cases
Selma Med. Ctr., Inc. v. Fontenot, 824 So. 2d 668 (Ala. 2001). “, and the Physicians; (2) that by the time the Agreements were legally binding, the two doctors were Alabama residents; [10] (3) *674 that the Agreements were negotiated and executed in Alabama; (4) that the Agreements were personal-service contracts for the Physicians to…”
Robertson v. Mount Royal Towers, 134 So. 3d 862 (Ala. 2013). “” This rationale is true even more so in Alabama, where, as a result of § 8-1-43(3), we have largely “not developed rules of arbitration for dealing with pre-dispute agreements independent from the law that has developed in cases in which the [FAA] applied.”
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