The court stated that yes, the Sedmaks can obtain specific performance of the sa
ID: 1224467 • Letter: T
Question
The court stated that yes, the Sedmaks can obtain specific performance of the sales contract for the limited edition Corvette. When a sales contract is for a unique good, the UCC provides that a buyer may obtain specific performance because an award of monetary damages is not a sufficient remedy. Sales contracts for works of art and antiques are the type of contracts for which courts will order specific performance. Using a minimum of three sentences, a) Do you agree with the court's ruling? b) Why or why not?
Explanation / Answer
SPECIFIC PERFORMANCE MEANS THAT THE WORK OR SERVICE AGREED IN THE CONTRACT SHOULD BE DOME ACCORDINGLY AND NO DAMAGES IN MONEY MAY BE ADEQUATE FOR THE SAME. COURTS DO NOT ENFORCE SPECIFIC PERFORMANCE IN ALL CASES. HOWEVER IN THE CASES OF UNIQUE GOODS, ART WORK AND EVEN IN CASE OF PLO OF LAND THE COURT ENFORCES SPECIFIC PERFORMANCE AND NO OTHER REMEDY CAN FULFILL THE DAMAGE.
HENCE THE COURT RULING IS CORRECT OVER HERE BECAUSE THE MASS PRODUCED CORVETTE CANNOT REPLACE THE LIMITED EDITION CORVETTE.
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