California First-Year Law Students' Exam (Baby Bar) — MCContractsMedium
A buyer enters into a contract to purchase a rare, antique map from a seller for $10,000. Before the closing date, the seller discovers that the map is actually a modern forgery and thus worthless. The seller immediately informs the buyer that they cannot deliver the genuine antique map as promised. The buyer, who had planned to display the map in their private collection, sues the seller for breach of contract. What is the most likely outcome regarding specific performance?
- ASpecific performance will be granted, but the seller will be ordered to find another genuine antique map for the buyer.
- BSpecific performance will be denied because money damages would adequately compensate the buyer for the loss of the forged map.
- CSpecific performance will be denied because the map does not exist in the form promised, rendering performance impossible.
- DSpecific performance will be granted because the map is unique and irreplaceable.
Show answer & explanationAnswer & explanation
Correct answer: C. Specific performance will be denied because the map does not exist in the form promised, rendering performance impossible.
Specific performance is an equitable remedy that compels a party to perform their contractual obligations. However, it cannot be ordered if performance is impossible, such as when the specific subject matter of the contract (the genuine antique map) does not exist.
Why the other options are wrong
- A. Courts do not typically order a party to procure a replacement item unless specifically provided in the contract, especially when the original specific item is impossible to deliver.
- B. The issue is not the adequacy of money damages for the *forged* map, but the impossibility of delivering the *genuine* map for which specific performance is sought.
- D. While uniqueness is a prerequisite for specific performance, impossibility of performance overrides it.
Specific Performance (Impossibility)
An equitable remedy compelling a party to perform their contractual obligations. It is typically denied if performance is impossible, even if the subject matter is unique.
- Requires unique subject matter (e.g., land, rare goods).
- Denied if performance is impossible.
- Denied if money damages are an adequate remedy.
Memory trick: Can the court force them to do it, or just pay?