Also known as: judicially enforce private agreements · judicial enforcement of agreements · contract enforcement · enforcement of contracts
Written by attorneys · grounded in primary & secondary sources — see below
An order issued by a court compelling parties to a private contract or covenant to perform their obligations according to its terms. Such an order supplies the element of state compulsion that can trigger constitutional review when the underlying agreement restricts protected rights.
Julia Jensen contracted to sell land to Jordan Jenkins. After signing, Jenkins discovered an unreleased lien on the property that Jensen could not remove before the closing date. Jenkins refused to perform and sued for rescission. The court granted relief, allowing Jenkins to walk away because the defect rendered title unmarketable.
Jessica Jacobs purchased a home subject to a recorded covenant barring sale to non-Caucasians. When Jacobs sold to Jorge Juarez, neighboring owners sued to enjoin the transfer. The state court issued an injunction preventing the sale and ordered Jacobs to retain title.
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Jasmine Jordan defaulted on a home loan during an economic emergency. Jefferson Trust sought foreclosure. The state court applied a temporary statutory stay preventing the sale and extended the redemption period, compelling the lender to delay enforcement of its contractual rights.
Joanna Jung applied to a private academy that had accepted white students with similar qualifications. The school refused admission solely because Jung was Black. Jung sued under federal civil-rights law seeking an order compelling the school to enroll her.
Jensen Farms hired Jasmine Jordan but later denied her a promotion that it routinely granted to similarly situated white employees. Jordan sued under federal law seeking an order requiring the company to promote her and award back pay.
Jennings Forge fired Jorge Juarez, its only non-white employee, for conduct that white employees had committed without discipline. Juarez sued seeking reinstatement and damages under federal civil-rights statutes that reach private employment contracts.
Judicial enforcement supplies the requisite state action when a court affirmatively compels compliance with a private covenant that itself violates constitutional rights, such as a racially restrictive covenant.
No. Routine enforcement of ordinary commercial contracts does not raise constitutional issues. Scrutiny arises only when the underlying private agreement infringes rights protected against state action.
A buyer may obtain judicial relief rescinding a land contract when title is unmarketable, but the same enforcement power can convert a private restrictive covenant into unconstitutional state action if the covenant discriminates on prohibited grounds.
…were secured only by judicial enforcement by state courts of the restrictive terms of the agreements. The respondents urge that judicial enforcement of private agreements does not amount to state action; or, in any event, the participation of the State is so attenuated in character as not to amount to state action within the meaning of the Fourteenth…