Reading Comprehension

PT147 · S2 · P4 · Q24 Breach of Contract Remedies

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

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

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.

24.

Based on the passage, the author would be most likely to agree with which one of the following statements regarding cases in which someone is deemed by the court to have failed to undertake employment as contracted?

  1. Often specific performance in such

    Trap

    3% picked this

  2. While specific performance costs the

    Trap

    22% picked this

  3. Correct

    Enforcement of specific performance by

    Why this is right

    Answer C is correct.

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

    62% picked this

  4. If the person who failed

    Trap

    7% picked this

  5. Specific performance is more often

    Trap

    5% picked this

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free