PrepTest 147, Section 2, Question 26
A remedy that courts sometimes use in disputes(442 more words not shown)
The passage most strongly suggests(12 more words not shown)
- ACourts should examine(15 more words not shown)
- BSpecific performance is(13 more words not shown)
- CIn general, coercive(12 more words not shown)
- DSpecific performance is(19 more words not shown)
- ETo provide fair(20 more words not shown)
Reading the passage
Start with what money can accomplish. When a payment adequately compensates for the breach, the author says the court commonly need not consider ordering performance. When money cannot do that job, as with the uniquely important item, performance may be needed. This gives us a reason to assess monetary compensation before turning to the alternative. It does not make every property sale an automatic case for specific performance.
Working the answers
- ACorrect
Asking whether monetary damages are suitable tells the court whether it needs to consider compelling performance. This follows from the author’s statement that adequate compensation often makes consideration of specific performance unnecessary.
- B
The example concerns property that is unique or especially important to the buyer. We are not told that specific performance is best for most contracts to sell personal property. Ordinary sales may be adequately addressed with money.
- C
The author objects to the harmful forced relationship in certain cases, not to coercive court remedies as unfair in general. Specific performance is explicitly defended in other circumstances.
- D
No low-price condition is imposed. The problem may be that money cannot capture the buyer’s loss, whatever the item’s objective value happens to be.
- E
The court’s ability to select a suitable remedy does not establish that the disputing parties must be offered a choice among any number of resolution methods. Those are different claims about who chooses.
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