Reading ComprehensionDifficulty: Hard

PT147 S2 P4 Q23 Explanation

Breach of Contract Remedies

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsApplicationLaw

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Passage

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. Specific performance, as this approach is called, can be used as an alternative to monetary damages—that is, to requiring the one than monetary damages, there are many instances in which it is clearly not a suitable remedy.

Whether or not specific performance is an appropriate remedy in a case depends on the particular characteristics of that case. It is often the only reasonable remedy when monetary damages could not adequately compensate the one who has been harmed by the breach of contract. For example, a contract may provide for best remedy would be to order that the contract be fulfilled exactly according to its terms.

Nevertheless, in many cases monetary payment can adequately compensate for the refusal to fulfill the terms of a contract, and thus the court commonly need not consider ordering specific performance. In fact, in some types of cases, court-enforced performance of the contract would actually be detrimental to those involved in the dispute entanglement in troublesome aspects of the disputed relationship while still providing relief to the wronged party.

What this question is testing

Application

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
23.

Based on the information in the passage, which one of the following is most clearly an example of a

Answer choices

  1. Trap13% picked this

    A publishing house is ordered by a court to return a manuscript to a writer after it has broken its contract for publication of

  2. Correct70% picked this

    A systems analyst who refuses to work for a certain company as she has contracted to do is ordered by a court to assume

    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.

  3. Trap6% picked this

    A building contractor who has received the full payment specified in his contract with a developer for the construction of a new mall but

  4. Trap6% picked this

    A dealer in rare antique furniture is ordered to return a contracted buyer's down payment for a chair after an expert appraiser has informed

  5. Trap6% picked this

    An engineer who has agreed to work for a certain company but no longer intends to do so is ordered to pay the company

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