Specific Performance Flashcards
1
Q
Specific Performance
A
PROF says we should always ask whether they are entitled to this first—it creates a bargaining position and the parties will then negotiate a settlement between them
1) Generally a very rare remedy, courts don’t like to resort to it
2) Instances where SP will be allowed (R2C §359)
a) Sale of unique objects
b) Real property
c) R2C: Modern Approach—compare money damages with equitable relief in order to determine which form of remedy best serves the ends of justice
2
Q
UCC §2-716
A
SP may be permitted if the goods are unique or in other proper circumstances
a) Courts will allow SP if buyer has searched for cover and was unable to do find it
3
Q
UCC §2-716(3)
A
Replevin—repossessing personal property
