Question

Which of the following scenarios would the remedy of specific performance be available? A) Farmer Brown enters into a land sale contract to sell his cabbage farm to Farmer Francis.

B)Due to a production backlog, an office supply company delivers only part of a shipment of office furniture that it promised.

C) A window cleaning company contracts to clean a retail facility, but asks for an additional cleaning fee at the last minute.

D) A computer store advertises a sale on laptops for $500 each; however, when a customer tries to purchase a laptop, he or she is told that the advertisement contained a print error, and that the actual price is $1,500.

Answer 1

Answer: A

This is the remedy awarded by court and termed as specific performance. It happens only in case of non-availability of substitute or if the product is unique. Therefore, it is mostly applicable in land or real estate, since it is very hard to get the same land in the same locality at the same price.

Option A is correct: F may offer to purchase the cabbage and B may accept it; but later, B may refuse to sell due to any ground; the matter may be placed to the court by the sufferer (F). Since the cabbage is unique, the court may give the verdict in favour of F, which is the remedy.

Other options are not correct, since these are not unique –

Option B) there are so many office supply companies supplying the same materials.

Option C) there are lots of cleaning companies.

Option D) there are lots of computer stores.