Specific Performance and Injunctions Flashcards
With respect to breach of contract, the remedy of specific performance
i. inheres in a court order, which if disobeyed puts its recipient in contempt of court, for which she is subject to incarceration.
ii. is intended to afford the aggrieved party the financial position she would have occupied absent the breach.
iii. is no longer available in the United States because the American courts of law and equity are merged.
iv. is available only where the court concludes that a monetary award will not meaningfully afford plaintiff the position she would have occupied absent the breach.
A. I only
B. III only
C. I, II, and III
D. I and IV only
D. I and IV only
On May 1, Sasha, owner of Redacre, forms a contract with Basha under which (a) Basha is to make a $75,000 down payment on May 1, and (b) at a closing to occur on July 1, Sasha is to convey Redacre to Basha, with Basha then to pay Sasha an additional $425,000 for a total purchase price of $500,000.
On May 31, Sasha correctly determines that during the previous two months Redacre has increased in value. She contacts Basha and advises her that she will return the $75,000 down payment but will not convey the property. Basha receives from Sasha a $75,000 check, and Basha promptly returns it to Sasha. Basha then brings an action against Sasha. Basha is probably entitled, as she chooses, to either
i. a remedy at law in the form of a judgment in an amount equal to $75,000 plus the difference between Redacre’s present value and the $500,000 contract price.
ii. a remedy at law in the form of specific performance.
iii. an equitable remedy in the form of specific performance.
iv. an equitable remedy in the form of a court order requiring that Sasha convey Redacre to Basha.
A. I only
B. III only
C. I, III, and IV only
D. II, III, and IV only
C. I, III, and IV only
