MENU
ABC has a contract with its supplier DEF who delivers pasta to ABC's manufacturing plant. DEF has committed a breach and conflict resolution has taken place. The Court has awarded ABC 'specific performance' damages. What could this involve?
Suggested Answer: C
Get Premium L5M3 Questions
as Interactive Web-Based Practice Test or PDF
Real Exam Format
Detailed Explanations
Instant Access
Get Your Practice Test
DEF must deliver the pasta required by ABC is the correct answer. Specific performance is when the innocent party is rewarded by receiving what was initially negotiated - in this case the delivery of pasta. It's basically a posh way of saying that the court mandates you to do what the contract says. See p. 129 for information on Specific Performance.
17 comments · newest first
ER
Erick
11 months ago
I thought they could just pay damages instead. Interesting!
BO
Bong
11 months ago
Nope, it's not about money here, it's about fulfilling the contract.
GE
Gearldine
12 months ago
Wait, can they really force DEF to deliver? Sounds odd.
MA
Margurite
12 months ago
Totally agree, option C is the way to go!
CO
Cordelia
1 year ago
Specific performance means DEF has to deliver the pasta, right?
LA
Lavera
1 year ago
I feel like we had a practice question about this, and it emphasized that specific performance is about completing the contract, so I lean towards option C.
WE
Wenona
1 year ago
I'm a bit confused. I thought specific performance was more about monetary compensation, like options A or B, but I guess that’s not the case here?
BU
Buddy
1 year ago
I remember discussing specific performance in class, and it usually involves the actual delivery of goods, which sounds like option C again.
AL
Alba
1 year ago
I think specific performance means DEF has to fulfill their original obligation, so maybe it's option C? But I'm not entirely sure.
VI
Vincent
1 year ago
This seems straightforward to me. Specific performance is when the court orders the breaching party to actually fulfill the terms of the contract, rather than just paying money. So in this case, since the court awarded ABC "specific performance" damages, that means DEF has to deliver the pasta, which is option C.
AM
Amos
1 year ago
I'm a little confused by this question. The options seem to be focused on monetary damages, but the question is asking about "specific performance" which is a non-monetary remedy. I'll have to review my notes on contract remedies to make sure I understand the difference before answering.
OL
Olive
1 year ago
Hmm, I'm a bit unsure about this one. The question mentions "specific performance" damages, but I'm not totally clear on what that means in this context. I'll have to think it through carefully to determine the right answer.
EL
Elden
1 year ago
I think this question is asking about the specific performance remedy, which is when the court orders the breaching party to actually fulfill the terms of the contract. So in this case, it seems like the court is requiring DEF to actually deliver the pasta to ABC, which is option C.
NI
Nida
1 year ago
Okay, I've got this. Specific performance is a remedy where the court orders the breaching party to actually perform their contractual obligations, rather than just paying damages. So in this case, since the court awarded ABC "specific performance" damages, that means DEF has to actually deliver the pasta to ABC, which is option C.
SH
Shakira
1 year ago
I think the key here is to focus on the distinction between quantitative and qualitative measures. The question is asking about the nature of outcome measures, so I'll need to carefully consider the differences between those two types of measures.
VI
Virgilio
1 year ago
I'm a bit confused about the differences; I thought both structures could be temporary or permanent depending on the organization.
AL
Albina
1 year ago
I'm a bit confused by the options here. I'll have to carefully read through each one to determine which feature best matches the description.