PrepTest 147, Section 2, Question 27

ApplicationDifficulty4 of 5
Passage 4Choosing between specific performance and monetary damages
The questionFull text in your LawHub copy of PrepTest 147

A remedy that courts sometimes use in disputes(442 more words not shown)

Which one of the following(16 more words not shown)

Reading the passage

The author prefers monetary compensation where possible because it can provide relief without forcing antagonists into a working relationship. That preference needs a workable alternative: can the person who refused the job actually pay compensation?

What we’re looking for

Evidence that damages are feasible would strengthen the recommendation, even if it says nothing new about how unpleasant forced employment would be.

Working the answers

  • A

    This makes the recommended alternative harder to use. If compensation is nearly impossible to enforce, it becomes less promising as a way to provide relief.

  • B

    The concern is the particular coercion involved in forcing a hostile working relationship. Saying that all court remedies involve coercion does not show why damages are a better response to that concern.

  • C
    Correct

    If most people sued for refusing the promised employment have enough money to compensate the would-be employer, monetary damages are a practical alternative. The court can address the loss without requiring an unhappy employee to work under an antagonist.

  • D

    Different legal issues do not establish that one remedy works better. We need support for the proposed response to the employment breach, not just a distinction between categories of dispute.

  • E

    This broad priority for employee rights does not show that monetary compensation can provide relief or avoid the problems of forced performance. It does not address the author’s reason for preferring that remedy.

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