Bar Exam — MBE (Multistate Bar Exam)ContractsEasy
A buyer contracted to purchase a unique antique clock from a seller for $5,000. Before the scheduled delivery, the seller informed the buyer that he had changed his mind and decided to keep the clock for his personal collection. The buyer, who had already sold a spot for the clock in his gallery, immediately sought legal action. Which of the following remedies is the buyer most likely to successfully obtain?
- ASpecific performance, compelling the seller to deliver the unique clock.
- BMonetary damages equal to the market value of the clock at the time of breach.
- CPunitive damages to punish the seller for his breach.
- DRescission of the contract and restitution of any payments made.
Show answer & explanationAnswer & explanation
Correct answer: A. Specific performance, compelling the seller to deliver the unique clock.
Specific performance is an equitable remedy available when monetary damages are inadequate to compensate the injured party. This is typically the case when the subject matter of the contract is unique, such as a unique antique or real estate. Here, the antique clock is unique, making specific performance an appropriate remedy.
Why the other options are wrong
- B. Monetary damages are generally the primary remedy, but they are inadequate when the item is unique and cannot be replaced.
- C. Punitive damages are generally not available for breach of contract unless the breach also involves an independent tort.
- D. Rescission and restitution would return the parties to their pre-contractual positions, but the buyer wants the clock, not just their money back.
Specific Performance
An equitable remedy that compels the breaching party to perform the specific acts promised in the contract, rather than paying monetary damages.
- Available only when monetary damages are inadequate.
- Commonly used for unique goods (e.g., antiques, art) and real estate.
- Not typically available for personal service contracts.
- Requires the contract terms to be sufficiently definite.
Memory trick: Equity's hand helps when money can't mend!