Reading Comprehension

PT147 · S2 · P4 · Q23 Breach of Contract Remedies

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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.

Topic

When courts should use specific performance (forcing fulfillment of a contract) vs. awarding monetary damages as remedies for breach of contract.

Framework

Answer / Explain

Main Point

Specific performance is sometimes the best remedy when monetary damages can’t adequately compensate the harmed party, especially for unique items, but in most cases—especially involving services—it’s better for the court to award monetary damages to avoid coercion and friction. ( — end of P1)

P1: Introduction to Remedies for Broken Contracts

Courts sometimes make parties fulfill their contracts (“specific performance”) instead of just paying damages, but this isn’t always appropriate.

P2: When Specific Performance Makes Sense

Specific performance is most appropriate when money can’t make up for what was lost—like with one-of-a-kind or uniquely important items that can’t be replaced by cash.

P3: When Monetary Damages Are Better

Most contract breaches can be fixed with money, and trying to force someone to perform a service—especially when they’re now unwilling—can cause even more problems. Coercing people into such situations creates friction and isn’t practical for the courts, so monetary compensation is usually best for service contracts.

23.

Based on the information in the passage, which one of the following is most clearly an example of a court's ordering specific performance?

  1. A publishing house is ordered

    Trap

    13% picked this

  2. Correct

    A systems analyst who refuses

    Why this is right

    Answer B is correct.

    Skill tested: Application · how this choice captures the passage's function is the move to repeat next time.

    71% picked this

  3. A building contractor who has

    Trap

    5% picked this

  4. A dealer in rare antique

    Trap

    5% picked this

  5. An engineer who has agreed

    Trap

    6% picked this

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