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Specific Performance may be ordered by the court when:
- a)Damages are an adequate remedy
- b)Damages are not an adequate remedy
- c)Defaulting party is not ready to pay damages
- d)Contract is not voidable
Correct answer is option 'B'. Can you explain this answer?
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Specific Performance may be ordered by the court when:a)Damages are an...
The term replevin -- commonly referred to as "claim and delivery" -- refers to a legal action in which actual property (not its monetary value) must be transferred to the plaintiff in a dispute. It is similar to specific performance and often used interchangeably in statutes. For instance, the UCC states that a buyer "has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing..."
In other words, a court may order specific performance in the form of replevin (transfer of actual goods) as a remedy in a contractual dispute when cash damages are not sufficient.
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Specific Performance may be ordered by the court when:a)Damages are an...
Explanation:
Specific performance is a legal remedy that requires a party to perform their contractual obligations under the terms of an agreement. It is an equitable remedy used when monetary damages are inadequate or impractical.
When can Specific Performance be ordered by the court?
Specific Performance may be ordered by the court when damages are not an adequate remedy. This means that in situations where the contract's subject matter is unique or rare, or where the damages resulting from a breach would be difficult to quantify, then specific performance may be ordered.
Examples of when Specific Performance may be ordered:
1. Real Estate: In contracts involving real estate, specific performance may be ordered when the property is unique, and damages are difficult to quantify.
2. Intellectual Property: In cases involving intellectual property, such as patents, copyrights, or trademarks, specific performance may be ordered when monetary damages are inadequate to compensate for the loss.
3. Employment Contracts: Specific performance may be ordered in employment contracts where an employee has unique skills or knowledge that is difficult to find elsewhere.
When can't Specific Performance be ordered by the court?
Specific performance cannot be ordered when damages are an adequate remedy or when the contract is voidable. If the contract is voidable, then the court cannot order specific performance because the contract is not enforceable.
In conclusion, specific performance is a legal remedy that can be ordered by the court when monetary damages are inadequate or impractical. It is a remedy used in situations where the subject matter of the contract is unique or rare.
Specific performance is a legal remedy that requires a party to perform their contractual obligations under the terms of an agreement. It is an equitable remedy used when monetary damages are inadequate or impractical.
When can Specific Performance be ordered by the court?
Specific Performance may be ordered by the court when damages are not an adequate remedy. This means that in situations where the contract's subject matter is unique or rare, or where the damages resulting from a breach would be difficult to quantify, then specific performance may be ordered.
Examples of when Specific Performance may be ordered:
1. Real Estate: In contracts involving real estate, specific performance may be ordered when the property is unique, and damages are difficult to quantify.
2. Intellectual Property: In cases involving intellectual property, such as patents, copyrights, or trademarks, specific performance may be ordered when monetary damages are inadequate to compensate for the loss.
3. Employment Contracts: Specific performance may be ordered in employment contracts where an employee has unique skills or knowledge that is difficult to find elsewhere.
When can't Specific Performance be ordered by the court?
Specific performance cannot be ordered when damages are an adequate remedy or when the contract is voidable. If the contract is voidable, then the court cannot order specific performance because the contract is not enforceable.
In conclusion, specific performance is a legal remedy that can be ordered by the court when monetary damages are inadequate or impractical. It is a remedy used in situations where the subject matter of the contract is unique or rare.
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Specific Performance may be ordered by the court when:a)Damages are an adequate remedyb)Damages are not an adequate remedyc)Defaulting party is not ready to pay damagesd)Contract is not voidableCorrect answer is option 'B'. Can you explain this answer?
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