In breach of contract, when might specific performance be ordered?

Study for the Solicitors Qualifying Examination SQE Stage 1. Prepare with flashcards and multiple choice questions. Every question includes hints and explanations. Ace your test with confidence!

Multiple Choice

In breach of contract, when might specific performance be ordered?

Explanation:
Specific performance is an equitable remedy used only when money cannot adequately compensate the claimant for the breach. The key condition is the inadequacy of damages. Land is the classic example because it is inherently unique and cannot be replaced by money; similarly, goods that are uniquely identifiable or scarce may justify forcing the seller to perform. When damages would be adequate, a court will not order performance and will instead award monetary compensation. If the contract has been frustrated, the agreement ends and there’s no remedies left to enforce. A minor’s capacity affects enforceability and disaffirmance, not the decision to use specific performance, so that factor isn’t what drives the remedy here. So the best answer reflects that specific performance is available where damages are inadequate, especially for land or uniquely identifiable goods.

Specific performance is an equitable remedy used only when money cannot adequately compensate the claimant for the breach. The key condition is the inadequacy of damages. Land is the classic example because it is inherently unique and cannot be replaced by money; similarly, goods that are uniquely identifiable or scarce may justify forcing the seller to perform. When damages would be adequate, a court will not order performance and will instead award monetary compensation. If the contract has been frustrated, the agreement ends and there’s no remedies left to enforce. A minor’s capacity affects enforceability and disaffirmance, not the decision to use specific performance, so that factor isn’t what drives the remedy here. So the best answer reflects that specific performance is available where damages are inadequate, especially for land or uniquely identifiable goods.

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