A remedy that courts sometimes use in disputes involving a breach of contract is simply to compel the participants in the contract to do precisely what they have agreed to do. ████████ ████████████ ██ ████ ████████ ██ ███████ ███ ██ ████ ██ ██ ███████████ ██ ████████ ██████████████ ███ ██ █████████ ███ ███ ███ ███ ████████ ███ █████████ ██ ███ █ █████████ ██████ ██ █████ ██ ████████████ ███ ███ ████ ████ ██ ████████ ██ ███ █████ ████ ██ █████████ ███
Intro to Topic ·Courts sometimes use "specific performance" as an alternative to monetary damages
Specific performance means compelling the parties to the contract to do exactly what they contracted to do.
Forcing someone to perform a service requires a lot of coercion. The compelled party would be extremely dissatisfied which could lead to further problems.
Specific performance is ███████ ███ ████ ███████████ ██████ ███ ██████████ ██ █████████ ██ ████ ████████ █████████
Although specific performance is appropriate for personal property that is “unique or of such subjective importance to the buyer that there is no way to assign an accurate financial measure of the buyer’s loss in not possessing the item,” we have no reason to think this circumstance is present in most cases involving contracts for sale of personal property.
c
In general, coercive █████████████ ████████ ██ ████████ █████████ █████ ███ ██████ ███ ██████ ██ ████████
An award of monetary damages is also a coercive remedy. So it doesn’t make sense for the author to agree with (C). Although the author believes the “kind of coercion” that specific remedy involves is inappropriate for employment contracts, this doesn’t imply that monetary damages aren’t coercive.
The author doesn’t suggest that specific performance can be successful only in these cases. For example, the author believes this remedy is appropriate when property is “unique” — regardless of the objective value of the property.
Not supported. The author believes some remedies are more appropriate than others depending on the circumstances. So the author may want remedies limited to only one option, depending on the case.
Difficulty
69% of people who answer get this correct
This is a moderately difficult question.
It is significantly easier than other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%138
152
75%166
Analysis
Author’s perspective
Implied
Law
Single position
Answer Popularity
PopularityAvg. score
a
69%
163
b
12%
161
c
10%
160
d
5%
154
e
4%
158
Question history
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