Second, the apparent unity of tort and contract seems most intuitive when one examines the remedy of money damages. Yet both tort and contract cases can involve remedies other than money damages. For example, contract law provides for specific performance, which seems less about compensation than simply compelling performance with the underlying
duty to keep a contract.117 In other cases, the courts will issue negative injunctions against conduct that is not forbidden by the contract but is inconsistent with its performance.118 In addition, contract cases can give rise to remedies, such as replevin or reformation of the contract, that are neither money damages nor injunctive.119 In some cases, contracts can give rise to remedies that do not even involve the intervention of a court, such as the right to take possession of personal property under a security agreement120 or the setoff of debts owed to a breaching party.121 Furthermore, the role
served by money damages can differ depending on the nature of the claim being asserted. Hence, for example, nominal damages are difficult to conceptualize as compensatory, serving more the role of a declaratory judgment. 122 A contract action on a liquidated debt is more a matter of enforcement than compensation.123 Once the complexity of contractual remedies is acknowledged, it is difficult to argue that compensation is the overriding goal of contract law.