NFPA Paralegal Core Competency Exam (PCCE)Substantive LawHard
A client is seeking to enforce a contract for the sale of a unique antique car. The seller breached the contract by refusing to deliver the car, despite a valid agreement. The client argues that monetary damages would be insufficient because the car is irreplaceable. What type of equitable remedy would the client most likely seek?
- AInjunction
- BReformation
- CSpecific Performance
- DRescission
Show answer & explanationAnswer & explanation
Correct answer: C. Specific Performance
Specific performance is an equitable remedy available in contract law where monetary damages are inadequate. It compels the breaching party to perform their obligations under the contract, typically used for unique goods (like a unique antique car) or real estate.
Why the other options are wrong
- A. An injunction is a court order prohibiting a party from doing a specific act, or compelling a party to do a specific act, but specific performance is the more precise term for compelling contractual performance.
- B. Reformation modifies a written contract to reflect the true agreement of the parties, typically due to mutual mistake, not to compel performance.
- D. Rescission cancels the contract and restores the parties to their pre-contractual positions, not forcing performance.
Specific Performance
An equitable remedy in contract law that compels a breaching party to perform their specific obligations under a contract. It is typically granted only when monetary damages are inadequate to compensate the non-breaching party, such as in contracts for the sale of unique goods (e.g., real estate, rare art, unique vehicles).
- Equitable remedy
- Compels performance of contract terms
- Only awarded when monetary damages are inadequate
- Common for unique goods, real estate, or personal services (rarely)
Memory trick: For a 'Unique' item, 'Specifically Perform' the contract.