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.
The breaching party can just be ordered to pay monetary compensation to the injured party and be done with it.
Passage Style
Single position
27.
Which one of the following ██████ ██ █████ ████ ██████████ ███ ████████ ████████ ████ ██████ ██ ████████ ██ ██████████ ████████ ██████
Question Type
WSE
The author’s position is that specific performance would be detrimental to the parties and should be avoided in employment contract cases. We want to strengthen this position. There’s no obvious anticipation here, so let’s rely on process of elimination.
This undermines the author’s position by indicating that monetary damages are nearly impossible to enforce. This detracts from the feasibility or appropriateness of monetary damages as an alternative to specific performance.
This doesn’t strengthen the author’s position, because it doesn’t change anything about our understanding of monetary damages. A court order to pay damages is already coercive by definition, so (B*)* adds no new information that could bear upon the decision to use specific performance or monetary damages.
c
Most people who ███ ████ ███ █████████ █████ █████████ ██ █████████ ██████████ ████ ████████ █████████ █████████ ██ ██████████ █████ ████████ ██████████
This strengthens by establishing that in most cases, companies that sue people for failing to honor their employment contracts can get adequate monetary compensation. Thus, courts don’t need to consider specific performance in most cases. Imagine if (C) were not true. If in half or more of these cases companies could not get adequate monetary damages, then that would suggest courts should frequently consider specific performance, despite its disadvantages.
Not supported. The author doesn’t discuss the general legal issues involved in employment contract disputes and how they differ from those involved in service contracts.
e
The rights of █████████ █████████ █████ ████████ ███ ████████ ██████████████ ████████ ██ ██████████ ████████ █████████
Not supported. The author doesn’t discuss the rights of potential employees in employment contract cases.
Difficulty
45% of people who answer get this correct
This is a very difficult question.
It is similar in difficulty to other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%154
165
75%176
Analysis
WSE
Law
Single position
Answer Popularity
PopularityAvg. score
a
7%
160
b
20%
160
c
45%
165
d
16%
158
e
12%
161
Question history
You don't have any history with this question.. yet!
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