Reading Comprehension

PT147 · S2 · P4 · Q25 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.

25.

The main purpose of the passage is to

  1. predict the consequences of following

    Out of Scope: standard

    The passage is never talking about what happens if "specific performance" becomes the standard legal remedy, and what the consequences would be. There's no context that makes it seem like people are considering making specific performance the standard. The author seems to be reacting to its usage as though it's used too frequently, but that's different from saying it's the standard approach.

    11% picked this

  2. argue for the implementation of

    Out of Scope: new legal measure

    There's no new legal measure being argued for. The author seems to be arguing against the use of specific performance for many cases. This isn't a new legal measure. It's just presented as something that courts already sometimes do.

    5% picked this

  3. explain the differences among a

    Out of Scope: group of procedures

    This passage only has two legal procedures, if we can call them 'procedures': 1. the procedure where I lose the court case and have to pay you money, monetary damages 2. the procedure in which I lose the court case and the court orders me to follow through on a contractual promise I made. The author isn't trying to explain differences among a group of interrelated procedures. The author is discussing situations in which #1 is better and situations in which #2 is better.

    8% picked this

  4. generate a set of guidelines

    Out of Scope: evaluation of evidence

    Nothing in this passage has to do with the trial phase of a case, where we would be evaluating evidence. This passage is only about the punishment stage after the judge has ruled in the plaintiff's favor.

    3% picked this

  5. Correct

    identify some criteria for the

    Why this is right

    This is a very bleh answer that doesn't seem to well capture the vibe of the passage, but it's at least centered on the right central topic (monetary damages vs. specific performance -- two different legal remedies) and saying something true (the author does identify some criteria for when the former is better and when the latter is better). Specific performance is better if fulfilling a contractual obligation means "handing over a precious object the plaintiff badly wants". Monetary damages is better if fulfilling a contractual obligation means you'd have to show up at the house of the dude who just sued you and do work for him.

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

    73% picked this

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