Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment. When Isabel pays the rest of the price, Jessie refuses to ship the collection. Isabel should seek
A) damages.
B) restitution.
C) rescission.
D) specific performance.

Question

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment. When Isabel pays the rest of the price, Jessie refuses to ship the collection. Isabel should seek
A) ​damages.
B) ​restitution.
C) ​rescission.
D) ​specific performance.

Quizplus · Accepted Answer

Specific performance is the best choice in this scenario as it would allow Isabel to obtain the unique collection of nineteenth-century cowboy memorabilia that she agreed to purchase. Damages and restitution would not provide Isabel with the specific performance she desires, and rescission would only allow her to cancel the contract and recover her down payment, which may not be the outcome she desires.

Isabel Orally Agrees to Buy a Unique Collection of Nineteenth-Century