A buyer enters into a contract to purchase a rare, one-of-a-kind painting from a seller. The seller later decides not to deliver the painting, claiming it is worth significantly more than the agreed-upon price. The buyer sues the seller and seeks a specific court order to compel the seller to deliver the painting. Which legal remedy would most likely apply if the court rules in favor of the buyer?
Specific performance is an equitable remedy that a court may grant when monetary damages are insufficient to meet the needs of the injured party. In this case, the painting is rare and one-of-a-kind, meaning its value cannot be easily compensated through money. Therefore, the court is more likely to require the seller to fulfill the terms of the contract and deliver the painting. Other available remedies, such as damages or rescission, are not as suitable when the subject matter is unique. Injunctions, while also equitable remedies, are used to prevent an action rather than compel one.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is specific performance in contract law?
Open an interactive chat with Bash
Why are monetary damages insufficient for unique items?
Open an interactive chat with Bash
How is an injunction different from specific performance?
Open an interactive chat with Bash
Multistate Bar Examination
Contracts
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .