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. ββββββββ ββββββββββββ ββ ββββ ββββββββ ββ βββββββ βββ ββ ββββ ββ ββ βββββββββββ ββ ββββββββ ββββββββββββββ βββ ββ βββββββββ βββ βββ βββ βββ ββββββββ βββ βββββββββ ββ βββ β βββββββββ ββββββ ββ βββββ ββ ββββββββββββ βββ βββ ββββ ββββ ββ ββββββββ ββ βββ βββββ ββββ ββ βββββββββ βββ
Intro to Topic Β·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.
The breaching party can just be ordered to pay monetary compensation to the injured party and be done with it.
Passage Style
Single position
25.
The main purpose of the βββββββ ββ ββ
Question Type
Implied
Purpose of passage
The author focuses on discussing when specific performance is more appropriate or less appropriate than monetary damages as a remedy for breach of contract.
The author does not make predictions about what would happen if specific performance or monetary damages become the standard approach. Although the author does indicate that specific performance in cases where itβs not appropriate can lead to certain harmful consequences, this doesnβt constitute a prediction about the consequences of making specific performance a standard approach. In any case, the primary purpose isnβt to make predictions about consequences, itβs to discuss conditions that make specific performance more or less appropriate than monetary damages as a remedy.
b
argue for the ββββββββββββββ ββ β βββ ββ βββββββββ βββ βββ βββ ββ β βββ βββββ βββββββ
The author doesnβt argue for a new set of standards for using specific performance or monetary damages. The author simply discusses conditions under which specific performance is more or less appropriate than monetary damages.
c
explain the differences βββββ β βββββ ββ ββββββββββββ βββββ ββββββββββ
Although the author does describe the difference between monetary damages and specific performance, the primary purpose isnβt to explain this difference. The passage focuses on the conditions under which one kind of remedy is more or less appropriate than the other. This goes beyond mere description of differences.
d
generate a set ββ ββββββββββ βββ βββ ββββββββββ ββ ββββββββ ββ β ββββββββββ ββββ ββ βββββ βββββββ
The author doesnβt discuss how we evaluate evidence.
This best captures the purpose as explained above. The two legal remedies are specific performance and monetary damages. The passage explores conditions that make one kind of remedy more appropriate to apply than the other.
Difficulty
69% of people who answer get this correct
This is a difficult question.
It is somewhat easier than other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%147
155
75%164
Analysis
Implied
Purpose of passage
Law
Single position
Answer Popularity
PopularityAvg. score
a
10%
159
b
5%
156
c
10%
158
d
5%
155
e
69%
164
Question history
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