PrepTest 147, Section 2, Question 23
A remedy that courts sometimes use in disputes(442 more words not shown)
Based on the information in(18 more words not shown)
- AA publishing house(30 more words not shown)
- BA systems analyst(38 more words not shown)
- CA building contractor(43 more words not shown)
- DA dealer in(32 more words not shown)
- EAn engineer who(45 more words not shown)
Reading the passage
Specific performance means making the parties do what they agreed to do. So compare each order with the original promise. Returning property or paying compensation might remedy a breach, but neither necessarily carries out the promised action.
What we’re looking for
The question asks for an example of the remedy, not a case in which the author thinks using it would be wise.
Working the answers
- A
The promise was to publish the manuscript. Returning it does not carry out that promise. Specific performance would require the promised publication.
- BCorrect
The analyst is ordered to perform the work she agreed to do, and the company is ordered to pay the agreed salary. Both parties must fulfill their contractual duties. The author’s concerns about forced employment do not stop this from being an example of specific performance.
- C
Transferring the funds to a new contractor does not make the original contractor complete the promised construction. This arranges for someone else to finish the work rather than compelling that contractor’s performance.
- D
Refunding the down payment does not require the dealer to complete the promised sale. The fact that the item is an antique does not by itself make the order specific performance.
- E
This is monetary compensation for the company’s losses. The engineer pays for breaking the promise instead of being ordered to undertake the work.
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