Specific Performance - Remedies Damages

Question 1

What is an order for specific performance?

Answer 1

An order from the court directing the breaching party to perform as promised under the contract or face contempt of court charges.

Specific performance is typically sought when monetary damages are inadequate.

Question 2

How does an injunction differ from an order for specific performance?

Answer 2

An injunction is usually a court order prohibiting someone from doing a specified act, while specific performance orders a party to perform as promised under the contract.

Mandatory injunctions may require a party to perform a particular act, but they are still distinct from specific performance.

Question 3

What is replevin?

Answer 3

A buyer’s right to recover undelivered, identified goods from a seller under certain circumstances.

Replevin is applicable only in cases involving identified goods.

Question 4

What is laches in legal terms?

Answer 4

An equitable defense involving an unreasonable lapse of time in asserting a right that prejudices the defendant.

Laches can be used as a defense in actions for specific performance.

Question 5

True or False: An order for specific performance can be considered an injunction.

Answer 5

False

Specific performance and injunctions serve different legal purposes.

Question 6

Fill in the blank: Laches is an equitable defense involving an unreasonable lapse of time in asserting a right that ______ the defendant.

Answer 6

prejudices the defendant.

Question 7

What must be true for replevin to be applicable?

Answer 7

The goods must be identified and undelivered.

Replevin is specific to situations where the goods in question can be identified.

Question 8

What can a breaching party argue in defense against a specific performance action?

Answer 8

That the other party delayed too long in bringing the specific performance action, causing prejudice.

This is where the defense of laches becomes relevant.

Question 9

What is specific performance in the context of a service contract?

Answer 9

Specific performance is not available for breach of a service contract due to difficulties in supervision and concerns about involuntary servitude.

Question 10

When can a nonbreaching party seek specific performance?

Answer 10

A nonbreaching party may seek specific performance when the legal remedy is inadequate, particularly for rare or unique subject matter.

Question 11

Is specific performance available for land sale contracts?

Answer 11

Yes, specific performance is always available for land sale contracts because all land is considered unique.

Question 12

What type of relief may a court grant to prevent a breaching party from working for a competitor?

Answer 12

A court may grant injunctive relief to enjoin a breaching party from working for a competitor if the services contracted for are rare or unique.

Question 13

Are punitive damages generally awarded in contract cases?

Answer 13

No, punitive damages are generally not awarded in contract cases.

Question 14

What is restitution in the context of contract law?

Answer 14

Restitution is available as an alternative to contract damages to prevent unjust enrichment in a non-contract situation.

Question 15

What happens if the subject matter of a goods or land contract has already been sold to another party?

Answer 15

The right to specific performance is cut off if the subject matter has been sold to a bona fide purchaser.

Question 16

What is the equitable defense of laches?

Answer 16

The equitable defense of laches arises when a party delays in bringing an equitable action, and the delay prejudices the defendant.

Question 17

What is the unclean hands defense?

Answer 17

The unclean hands defense arises when the party seeking specific performance is guilty of wrongdoing related to the transaction in question.

Question 18

What is replevy in the context of the UCC?

Answer 18

Replevy is a nonmonetary remedy allowing a buyer to recover goods if they have made partial payment and the seller has not delivered the goods.

Question 19

Fill in the blank: Specific performance is _______ for breach of a contract to provide services.

Answer 19

not available

Question 20

True or False: Specific performance can be sought for any breach of contract.

Answer 20

False

Question 21

What is the contractor’s best argument regarding specific performance?

Answer 21

A contract to provide services is not specifically enforceable.

Question 22

What must a plaintiff show to obtain specific performance?

Answer 22

The legal remedy is inadequate.

Question 23

When are money damages considered inadequate compensation?

Answer 23

When the plaintiff has contracted for something rare or unique.

Question 24

Why is specific performance generally not available for contracts for services?

Answer 24

The services to be performed are not unique and money damages can remedy a breach.

Question 25

What is one reason courts will not order a defendant to perform personal services?

Answer 25

It is tantamount to unconstitutional involuntary servitude.

Question 26

What must be feasible for specific performance to be granted?

Answer 26

Enforcement of the contract.

Question 27

What issues arise from enforcing a services contract?

Answer 27

Complicated and time-consuming supervision problems.

Question 28

What type of work did the contractor agree to perform?

Answer 28

Plumbing, electrical, and carpentry work.

Question 29

Why can the property owner obtain adequate compensation?

Answer 29

By receiving the amount above her contract price to have someone else perform the work.

Question 30

What is laches?

Answer 30

An equitable defense available if the plaintiff has unreasonably delayed in bringing the action.

Question 31

Under what conditions can laches be invoked?

Answer 31

If the delay is prejudicial to the defendant.

Question 32

Is there an automatic invocation of laches after a one-year delay?

Answer 32

No, it does not automatically apply.

Question 33

Why is nominal damages not an adequate legal remedy in this case?

Answer 33

Nominal damages would fail to compensate for the actual loss incurred.

Question 34

What may a court of equity inquire into regarding a contract?

Answer 34

The relative values of agreed-upon consideration.

Question 35

What does unconscionable mean in the context of a contract?

Answer 35

A contract that is so one-sided it is unfair to one party.

Question 36

Does the inability to find another contractor at the agreed price establish unconscionability?

Answer 36

No, it does not automatically establish that the contract was unconscionable.

Question 37

Fill in the blank: A prerequisite to obtaining specific performance is that the plaintiff must show that the legal remedy is _______.

Answer 37

inadequate.

Question 38

True or False: Specific performance can be ordered for any type of contract.

Answer 38

False.

Question 39

What is the court's stance on granting specific performance when the shop owner can cover?

Answer 39

A court will not grant specific performance if the shop owner can cover.

Question 40

What remedies are available to a buyer if the seller fails to deliver goods under a valid contract?

Answer 40

The buyer has a number of remedies, including: * The right to cover * The right to obtain specific performance if appropriate

Question 41

Under what conditions may a buyer obtain specific performance of a contract for the sale of goods?

Answer 41

A buyer may obtain specific performance if the goods are unique or in short supply.

Question 42

Fill in the blank: A buyer may obtain specific performance of a contract for the sale of goods if the goods are _______.

Answer 42

[unique or in short supply]

Question 43

True or False: A buyer is always entitled to specific performance for any contract.

Answer 43

False

Question 44

What is specific performance in contract law?

Answer 44

A court-ordered requirement for a party to fulfill their contractual obligations under certain circumstances

Question 45

Under what circumstances will a court grant specific performance?

Answer 45

When money damages would be inadequate

Question 46

Why are money damages considered inadequate in real estate transactions?

Answer 46

Because they do not account for the unique nature of land and leasehold estates

Question 47

What is a bona fide purchaser for value?

Answer 47

A third party who purchases property without knowledge of prior agreements and pays value for it

Question 48

Can a court grant specific performance if the subject matter has been transferred to a bona fide purchaser for value?

Answer 48

No, a court will not grant specific performance in such cases

Question 49

Fill in the blank: A third party lessee who was unaware of the agreement between the agent and the student would be considered a _______.

Answer 49

bona fide purchaser for value

Question 50

True or False: A court will always grant specific performance if all elements are present.

Answer 50

False