In which scenario can a court NOT award specific performance?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

Specific performance is a legal remedy that compels a party to execute a contract according to its specific terms, particularly when monetary damages are insufficient to remedy the harm. In the realm of contract law, specific performance is most commonly enforced in transactions involving unique items, real estate, or special circumstances where the subject matter of the contract is distinct or irreplaceable.

In the case of a sale of ordinary goods, the rationale for not awarding specific performance rests on the accessibility and interchangeability of such items. Ordinary goods are typically mass-produced and readily available in the market. If one party fails to deliver these goods as promised, the aggrieved party can generally find a suitable substitute. Therefore, money damages, which are much easier to calculate and award in such cases, serve as an adequate remedy for the injured party. The primary purpose of specific performance is to ensure the fulfillment of unique contracts where monetary awards would not suffice, making it non-applicable in scenarios involving ordinary goods.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy