In which of the following cases will a court order specific performance of the contract?
i.Gigantic Electrical Warehouse repudiates its contract with Video Co.to purchase 2,000 VCRs.The loss of this deal might push Video into bankruptcy.
ii.Joan,a great opera singer,decides it is too far from New York to the National Arts Centre in Ottawa and so she will not perform at the sold-out concert there next week for which she had contracted months ago.
iii.Mitsuko had a contract with Refined Galleries to purchase a small Rembrandt drawing,which Refined wants now to sell to a regular and very wealthy customer of theirs.They will not give Mitsuko the drawing.
iv.John is refusing to perform a contract to sell his house to Eli.Eli has wanted to live in that house since he was a small boy.
v.Eli is refusing to perform a contract to purchase John's house.John has another purchaser but her highest offer is $10,000 less than Eli's.
A)iii and iv.
B)i,iii and iv.
C)i,iii,iv and v.
D)i,ii,iii and iv.
E)All of the responses are correct.

Question

Quizplus · Accepted Answer

Specific performance is generally granted in cases where damages would not be an adequate remedy for the injured party. Option i) does not qualify because Video Co. can be compensated for its loss. Option ii) does not qualify because it is difficult to order a singer to perform. Options iii) and iv) qualify since the parties have a unique or sentimental interest in the subject matter of the contract. Option v) is not eligible because John has an alternative purchaser. Therefore, the correct choice is B (iii and iv).

In Which of the Following Cases Will a Court Order