PrepTest 147, Section 2, Question 25
A remedy that courts sometimes use in disputes(442 more words not shown)
The main purpose of the(3 more words not shown)
- Apredict the consequences(13 more words not shown)
- Bargue for the(14 more words not shown)
- Cexplain the differences(7 more words not shown)
- Dgenerate a set(14 more words not shown)
- Eidentify some criteria(8 more words not shown)
Reading the passage
We predicted a case-dependent choice between remedies: require the promised performance when money cannot adequately compensate, but favor compensation when it can provide relief without forcing a harmful relationship. The property and employment examples explain what should guide that choice.
Working the answers
- A
No policy of making one remedy the standard approach is being evaluated. The author argues that the circumstances of the case matter.
- B
Specific performance is introduced as something courts already use, not a new measure awaiting implementation. The discussion evaluates when existing remedies fit.
- C
The opening explains the difference between performance and damages, so this has some appeal. But the rest of the discussion focuses on when to apply each remedy. Describing differences alone misses that purpose.
- D
The guidelines are not about evaluating evidence to decide what happened in a dispute. The issue is which remedy appropriately responds to a contractual breach.
- ECorrect
The two remedies are specific performance and monetary damages. The criteria include whether money can adequately compensate for the loss and whether forced performance would create a damaging relationship. That captures the work done by both examples and the conclusion.
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