PrepTest 147, Section 2, Question 24
A remedy that courts sometimes use in disputes(442 more words not shown)
Based on the passage, the(32 more words not shown)
- AOften specific performance(16 more words not shown)
- BWhile specific performance(20 more words not shown)
- CEnforcement of specific(14 more words not shown)
- DIf the person(18 more words not shown)
- ESpecific performance is(19 more words not shown)
Reading the passage
The employment example shows why carrying out the contract can still be a bad solution. Forcing someone to work with, or under, an antagonist can increase dissatisfaction and friction. The court may get formal compliance without producing a satisfactory resolution.
What we’re looking for
That concern remains even if the court has enough resources to enforce its order. We should not turn a problem with the resulting relationship into a claim that enforcement is always impossible.
Working the answers
- A
This assigns specific performance the benefit the author gives monetary compensation. Payment can help the court avoid entanglement in the troublesome relationship; forced employment can deepen that entanglement.
- B
No cost comparison establishes that specific performance is cheaper to enforce. The author’s point is that even adequate enforcement resources would not remove the psychological problem.
- CCorrect
Forced performance may leave the parties in an unhappy, antagonistic working relationship. In that sense, it can be less than fully successful as a remedy even if the promised work is compelled.
- D
The author does not prescribe specific performance whenever someone also refuses to pay damages. That refusal would not make the concern about forced association disappear.
- E
No comparison says courts consider specific performance more often in employment cases than in other service cases. Employment is singled out as an especially troublesome setting for coercing performance, not as the setting in which courts most often consider it.
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