What are common remedies for breach of contract and when is specific performance appropriate?

• A. Damages; only when there is innocent misrepresentation.
• B. Damages; specific performance where damages are inadequate, often for land or unique goods.
• C. Only rescission; never damages.
• D. Injunction is the primary remedy for any breach.

Answer: (B)

The main idea is that damages are the usual remedy for breach of contract, designed to put the injured party in the position they would have been in if the contract had been performed. Specific performance, by contrast, is an equitable remedy used only when monetary compensation would be inadequate to fix the loss. It is most appropriate for breaches involving land or other unique goods, where there is no readily available substitute and a monetary sum cannot capture the value of the specific item or real property. Because of its equitable nature, courts grant specific performance only in limited circumstances and will not make you compel performance for ordinary goods or routine services. In those typical cases, damages remain the standard remedy, while specific performance is reserved for situations where the subject matter is unique and damages would be inadequate.