California First-Year Law Students' Exam (Baby Bar) — MCContractsEasy
A buyer and a seller enter into a written contract for the sale of a rare, one-of-a-kind painting for $100,000. Before the closing date, the seller informs the buyer that they have decided to keep the painting and will not complete the sale. The buyer sues for breach of contract. What remedy is the buyer most likely to successfully seek?
- AExpectation damages, calculated as the difference between the contract price and the market value of the painting.
- BRescission of the contract and restitution of any payments made.
- CReliance damages, reimbursing the buyer for any expenses incurred in anticipation of the sale.
- DSpecific performance, compelling the seller to transfer the painting.
Show answer & explanationAnswer & explanation
Correct answer: D. Specific performance, compelling the seller to transfer the painting.
Specific performance is typically available when the subject matter of the contract is unique and monetary damages would not adequately compensate the injured party. A 'rare, one-of-a-kind painting' clearly falls into this category.
Why the other options are wrong
- A. While expectation damages are common, they are inadequate when the item is unique and irreplaceable.
- B. Rescission undoes the contract; the buyer wants the painting, not just to cancel the deal.
- C. Reliance damages are generally sought when expectation damages are too speculative, but here the item's uniqueness makes specific performance more suitable.
Specific Performance
A court order requiring a party to perform a specific act, usually to complete a promised transaction, as specified in a contract.
- Available when monetary damages are inadequate.
- Commonly used for unique goods (e.g., art, antiques) and real estate.
- Discretionary remedy, not granted if performance is impossible or would require excessive court supervision.
Memory trick: When money just won't do, the court makes them do it for you.