Specific Performance: A Comprehensive Guide for Contract Law Students

Question 1

Which of the following is NOT a factor that generally guides the court's decision to grant specific performance?

Accepted Answer

Good faith of the defendant.

Answer

Fairness and equity of the contract.

Answer

Uniqueness or sentimental value of the subject matter.

Answer

Inadequacy of the remedy of damages.

Question 2

In which of the following situations is specific performance most likely to be granted?

Accepted Answer

A contract for the sale of a unique painting.

Answer

A contract for the construction of a standard house.

Answer

A contract for the supply of a large quantity of mass-produced goods.

Answer

A contract for the provision of personal services.

Question 3

Which of the following factors is NOT relevant to the court's consideration of whether damages would be an adequate remedy?

Accepted Answer

The emotional attachment to the subject matter.

Answer

The availability of a substitute for the subject matter of the contract.

Answer

The financial circumstances of the parties.

Answer

The nature of the breach of contract.

Question 4

In which scenario is a court more inclined to grant specific performance?

Accepted Answer

The contract pertains to the sale of unique goods.

Answer

Damages would suffice as a remedy for the plaintiff.

Answer

The defendant is a substantial corporation.

Question 5

When is specific performance likely to be granted for the sale of goods?

Accepted Answer

When the goods are unique or rare.

Answer

When the buyer has already paid for the goods.

Answer

When the seller is insolvent.

Answer

When the goods are perishable.

Question 6

Which of the following is an advantage of specific performance over damages?

Accepted Answer

It ensures that the contract is performed as agreed upon.

Answer

It is easier to obtain than damages.

Answer

It can be used to enforce personal service contracts.

Answer

It is more likely to be subject to legal challenges.

Question 7

When considering whether to grant specific performance, courts will take into account all of the following factors EXCEPT:

Accepted Answer

The public interest.

Answer

The nature of the contract.

Answer

The conduct of the parties.

Answer

The availability of alternative remedies.

Question 8

In which of the following situations is specific performance likely to be denied due to hardship?

Accepted Answer

When the defendant would suffer significant financial loss.

Answer

When the contract is for the sale of a unique painting.

Answer

When the plaintiff has already received partial performance.

Answer

When the defendant has breached the contract intentionally.

Question 9

Specific performance may be granted for a contract to purchase land even if the land has appreciated in value since the contract was formed.

Accepted Answer

True

Answer

False

Question 10

In a contract for the sale of land, the seller's obligation to transfer a clear title is a requirement for specific performance to be granted.

Accepted Answer

True

Answer

False

Question 11

Which of the following is an advantage of specific performance over damages as a remedy for breach of contract?

Accepted Answer

Guarantees fulfillment of the specific obligation

Answer

Provides greater flexibility in the remedy

Answer

Can be more cost-effective

Answer

Compensates for lost profits

Question 12

In which scenario would a court be more likely to grant specific performance for a contract involving the sale of a collectible item?

Accepted Answer

The item is a rare and valuable edition

Answer

The item is easily replaceable

Answer

The contract price is significantly below market value

Answer

The purchaser has limited financial resources

Question 13

Which of the following is NOT a requirement for the grant of specific performance?

Accepted Answer

The breach must cause significant harm

Answer

The contract must be legally valid and enforceable

Answer

The subject matter must be specific and capable of being performed

Answer

The remedy must be more beneficial than damages to the plaintiff

Question 14

In the context of specific performance, what is the principle of mutuality?

Accepted Answer

Both parties must have legal obligations under the contract

Answer

The remedy must be available to both parties

Answer

The court must consider the needs of both parties

Answer

The remedy must be fair to both parties

Question 15

Which of the following is a potential consequence of a breach of contract that may justify an award of specific performance?

Accepted Answer

Failure to receive a specific item

Answer

Lost profits

Answer

Damage to reputation

Answer

Emotional distress

Question 16

Which of the following is NOT a prerequisite for an order of specific performance?

Accepted Answer

The subject matter of the contract must be of significant value

Answer

The contract must be valid and legally binding

Answer

The plaintiff must have fulfilled or be prepared to fulfill their obligations

Answer

The defendant must have the capacity to perform their obligations

Question 17

The concept of specific performance in English law is rooted in the principle of:

Accepted Answer

Equity

Answer

Quantum meruit

Answer

Estoppel

Answer

Privity of contract

Question 18

In a contract for the sale of land, which factor is most crucial in determining whether a court will grant specific performance?

Accepted Answer

The uniqueness of the land that is the subject of the contract

Answer

The extent of the breach of contract

Answer

The difficulty that specific performance would impose on the defendant

Answer

The existence of other legal remedies available to the plaintiff

Question 19

What is a primary advantage of specific performance over damages as a remedy for breach of contract?

Accepted Answer

Specific performance ensures the precise fulfillment of the contract's terms.

Answer

Damages are typically easier to quantify than specific performance.

Answer

Specific performance is available in all cases of breach of contract.

Answer

Damages fully compensate for the loss suffered.

Question 20

What term describes a situation where specific performance cannot be ordered because the subject matter of the contract has been destroyed or is otherwise unavailable?

Accepted Answer

Impossibility

Answer

Frustration

Answer

Repudiation

Answer

Mistake

Question 21

True or False: Specific performance is always available as a remedy for breach of contract.

Accepted Answer

False

Answer

True

Question 22

What is the implication of the doctrine of mutuality of remedies in relation to specific performance?

Accepted Answer

Both parties to the contract must have the right to seek specific performance.

Answer

Specific performance is only available if damages would be an insufficient remedy.

Answer

Specific performance is not available if the contract is unilateral.

Answer

Specific performance is only available if the contract is in writing.

Question 23

Which of the following is not a type of specific performance?

Accepted Answer

Damages

Answer

Injunction

Answer

Mandatory injunction

Answer

Rescission

Question 24

Which of the following is a fundamental principle that guides the availability of specific performance as a legal remedy for breach of contract?

Accepted Answer

Specific performance is only granted when damages would be an insufficient remedy.

Answer

Specific performance is always available as an alternative to damages.

Answer

Specific performance is only available in contracts relating to the sale of land.

Question 25

Which of the following is an advantage of specific performance over damages as a remedy for breach of contract?

Accepted Answer

Specific performance ensures that the plaintiff receives the exact subject matter of the contract.

Answer

Specific performance can be used as a form of punishment for the defendant's breach.

Answer

Specific performance is always less expensive than damages.

Question 26

Which of the following is a potential disadvantage of specific performance as a remedy for breach of contract?

Accepted Answer

Specific performance can be challenging to enforce if the defendant is uncooperative or unwilling to comply with the court order.

Answer

Specific performance is always more expensive than damages.

Answer

Specific performance can delay the plaintiff from receiving compensation for the breach.

Question 27

In which of the following cases would a court be most likely to decline to grant specific performance?

Accepted Answer

A contract for the construction of a building where the architectural plans are incomplete, and the estimated costs are uncertain and subject to change.

Answer

A contract for the sale of a rare and valuable painting.

Question 28

Which of the following is NOT a recognized legal remedy for breach of contract?

Accepted Answer

Specific restitution.

Answer

Specific performance.

Answer

Injunction.

Answer

Damages.

Question 29

What is a key advantage of specific performance over damages as a remedy for breach of contract?

Accepted Answer

Specific performance compels the breaching party to fulfill their exact contractual obligations.

Answer

Specific performance is generally less expensive for the plaintiff to pursue.

Answer

Specific performance is always available as a remedy for breach of contract.

Question 30

In which scenario would specific performance be a suitable remedy?

Accepted Answer

A contract for the sale of a unique, rare painting.

Answer

A contract for the provision of general landscaping services.

Answer

A contract for the supply of a standard quantity of wheat.

Question 31

Which factor is NOT typically considered by courts when evaluating the adequacy of damages as an alternative to specific performance?

Accepted Answer

The emotional distress experienced by the plaintiff due to the breach.

Answer

The availability of a suitable substitute for the subject matter of the contract.

Answer

The financial hardship caused to the plaintiff by the breach.

Question 32

In which case is specific performance most likely to be granted as a remedy for breach of contract?

Accepted Answer

A contract for the purchase of a specific, identified plot of land.

Answer

A contract for the provision of general consulting services.

Answer

A contract for the purchase of a standard car model.

Question 33

Which of these contracts is most likely to be specifically enforceable?

Accepted Answer

A contract for the sale of a unique family heirloom.

Answer

A contract for the provision of specialized medical services.

Answer

A contract for the supply of standard electricity.

Question 34

What is NOT a general requirement for a court to grant specific performance?

Accepted Answer

The contract must be for the sale of a uniquely valuable good.

Answer

Damages must be an inadequate remedy for the breach.

Answer

The contract must be valid and legally enforceable.

Question 35

A seller breaches a contract for the sale of a rare antique painting. Which remedy is the court most likely to grant?

Accepted Answer

Specific performance.

Answer

Restitution.

Answer

Injunction.

Answer

Damages.

Question 36

What is the primary advantage of specific performance over damages as a remedy for breach of contract?

Accepted Answer

It forces the breaching party to fulfill their agreed-upon contractual obligations.

Answer

It is always more financially beneficial for the plaintiff.

Answer

It is generally easier to obtain than damages.

Question 37

A buyer seeks specific performance for a breached land sale contract. Which factor is LEAST likely to be considered by the court?

Accepted Answer

The buyer's personal emotional attachment to the property.

Answer

The uniqueness of the land in question.

Answer

The adequacy of damages as a remedy for the breach.

Question 38

A seller breaches a contract to sell a rare and valuable stamp collection. The buyer seeks specific performance. What factor will most likely influence the court's decision?

Accepted Answer

The uniqueness and rarity of the stamp collection.

Answer

The buyer's ability to pay the full purchase price.

Answer

The seller's current financial status.

Answer

The length of time the contract has been in effect.

Question 39

A contract for the sale of a plot of land is breached. The buyer seeks specific performance. What is the primary legal issue the court will consider?

Accepted Answer

Whether the land is sufficiently unique to warrant specific performance.

Answer

Whether the seller is a willing party to the contract.

Answer

Whether the buyer has the financial means to purchase the land.

Question 40

Which of the following statements about specific performance is TRUE?

Accepted Answer

Specific performance is an equitable remedy.

Answer

Specific performance is always available as a remedy for breach of contract.

Answer

Specific performance is more commonly awarded than damages.

Answer

Specific performance is only available in cases involving real property.