Business Law I

The equitable remedy of specific performance calls for the performance of the act promised in the contract. This remedy is often eye-catching to a non-breaching party because it provides the exact bargain promised in the contract. When suing for monetary damages there are some steps you would have to take. First, the non-breaching party needs to worry about collecting the judgment. Second, the non-breaching party needs to look around for another contract. Third, the actual performance may end up costing more than the monetary damages awarded. When the goods promised in the contract are unique, the courts will grant specific performance (Miller, R., & Jentz, G., 2008,p.246).

Scenario 1

In this case, the court will grant specific performance as a remedy for the breach of the contract. Tarrington can sue for compensatory damages. Compensatory Damages are awarded to the non-breaching party for the loss of the bargain (Miller, R., & Jentz, G., 2008,p.243). In the sale of land, the buyer’s contract is for a specific piece of real property. The land under contract is unique, because no two pieces of real property have the same legal description. Only if Rainier sells the home before the court hearing, the measure of damages will be the difference between the contract selling price and the market price of the land.

Scenario 2

In this case, the court will not grant specific performance as a remedy for breach of contract. Only if Horace’s nightclub could find an identical performer and they are available, the service would not be unique and monetary damages for nonperformance are adequate. Marita’s performance is a service is something that only she can perform. Due to this contract meets the test of uniqueness. However, most courts will refuse to make a judgment on specific performance based on either of two theories. First, the enforcement of specific performance requires involuntary servitude to the public policy expressed and prohibited by the Thirteenth Amendment...