A buyer enters into a contract to purchase a unique sculpture from an artist for $50,000. Before the payment or delivery, the artist informs the buyer that they have decided to sell the sculpture to another collector for $75,000. The buyer sues for specific performance. Will the court likely grant specific performance?
- AYes, because the sculpture is unique, making monetary damages an inadequate remedy.
- BYes, if the buyer can prove they cannot find a similar sculpture elsewhere.
- CNo, because monetary damages can adequately compensate the buyer for the loss of the sculpture.
- DNo, because specific performance is rarely granted in contracts for the sale of goods.
Show answer & explanationAnswer & explanation
Correct answer: A. Yes, because the sculpture is unique, making monetary damages an inadequate remedy.
Specific performance is an equitable remedy typically granted when monetary damages are inadequate to compensate the non-breaching party. For contracts involving unique goods (like a one-of-a-kind sculpture), monetary damages may not be sufficient because the buyer cannot simply purchase an identical substitute elsewhere. The uniqueness of the sculpture makes specific performance an appropriate remedy.
Why the other options are wrong
- B. The burden is on the buyer to show uniqueness, which is inherent in a 'unique sculpture.' The inability to find a similar sculpture is the essence of its uniqueness, making this a slightly redundant but essentially correct justification for specific performance.
- C. Monetary damages would be inadequate precisely because the sculpture is unique and cannot be replaced.
- D. While often true for fungible goods, specific performance is indeed granted for unique goods under the UCC, which includes heirlooms, works of art, and custom-made items.
Specific Performance
An equitable remedy in which a court orders a party to perform a specific act, usually to complete a promised contractual duty. It is typically granted only when monetary damages are an inadequate remedy.
- Available when goods are unique or land is involved.
- Not available for personal service contracts (due to involuntary servitude concerns).
- Discretionary remedy, not granted as a matter of right.
Memory trick: When money just won't cut it, the court gets creative.