Specific Performance

Question 1

If the legal remedy is not capable of compensating the plaintiff, then specific performance is appropriate.

Answer 1

Specific Performance

Question 2

Our courts, will not undertake to coerce a performance that is personal in nature.

Our courts have also been reluctant to order specific performance where difficulties of supervision or enforcement are foreseen.

Answer 2

Specific Performance

Question 3

An order of specific performance is intended to produce as nearly as is __________ the same effect that the performance due under a contract would have produced.

Answer 3

practicable

Question 4

A court order by which an individual is required to perform, or is restrained from performing, a particular act.

Answer 4

Injunction

Question 5

Specific performance or an injunction will not be ordered if _______ would be adequate to protect the expectation interest of the injured party.

Answer 5

damages

Question 6

the difficulty of proving damages with reasonable certainty,
the difficulty of procuring a suitable substitute performance by means of money awarded as damages, and
the likelihood that an award of damages could not be collected.

Answer 6

Relevant Factors (adequacy of damages)
In determining whether the remedy in damages would be adequate

Question 7

Specific performance or an ________ will not be granted unless the terms of the contract are sufficiently certain to provide a basis for an appropriate order.

Answer 7

injunction

Question 8

the contract was induced by mistake or by unfair practices,
the relief would cause unreasonable hardship or loss to the party in breach or to third persons, or
the exchange is grossly inadequate or the terms of the contract are otherwise unfair.

Answer 8

Specific performance or an injunction will be refused if such relief would be unfair because

Question 9

A promise to render personal service ___ ___ be specifically enforced.

Answer 9

will not

Question 10

A promise to render ________ _________ exclusively for one employer will not be enforced by an injunction against serving another if its probable result will be to compel a performance involving personal relations the enforced continuance of which is undesirable or will be to leave the employee without other reasonable means of making a living.

Answer 10

personal service