Remedies 4

Question 1

specific performance: conditions for performance met – abatement (if deficient quantity or performance by P) types

Answer 1

1. p as buyer
2. p as seller

Question 2

specific performance: conditions for performance met – abatement (if deficient quantity or performance by P) p as buyer

Answer 2

can enforce K if minor defect; cannot enforce K if material defect, unless he can cure before or at closing

Question 3

specific performance: conditions for performance met – abatement (if deficient quantity or performance by P) p as seller

Answer 3

can enforce K even if material defect, unless very material

Question 4

specific performance: forfeiture

Answer 4

disfavored (e.g., buyer makes late payment with time-of-essence clause in LSK, sues for specific performance); “equity abhors forfeitures”

Question 5

specific performance: factors court looks at to avoid harsh results of forfeiture

Answer 5

don’t BLoW iT:
1. buyer (p) will suffer undue hardship
2. loss to seller (p) is small
3. waiver (seller has accepted late payments in past
4. tardiness is de minimis (reasonable)

Question 6

SP usually awarded in forfeiture?

Answer 6

Yes

Question 7

What do courts award in forfeiture if SP not granted

Answer 7

restitutionary relief

Question 8

Specific performance: inadequate legal remedies (3)

Answer 8

1. $ damages low or speculative
2. unique item, land interest, insolvent D
3. ongoing suits

Question 9

Specific performance: Is all land unique item?

Answer 9

Yes

Question 10

Can a seller of a home get specific performance?

Answer 10

yes, purchase price of home is unique item