Asked by Grace Carroll on Jul 14, 2024
Verified
a. When is specific performance available to enforce a contract?
b. Under what circumstances will a court grant specific performance to enforce a contract involving personal services?
c. What remedy did the court award in the Madison Square Garden case? Explain why the court chose this remedy.
Specific Performance
A legal remedy in contracts where a court requires a party to perform their specific duties under the contract, rather than pay damages for not fulfilling the contract.
Personal Services
Services performed by an individual, often requiring specialized skills or knowledge, such as consulting, healthcare, or personalized instruction.
Madison Square Garden
A famous multi-purpose indoor arena located in New York City, known for hosting sports events, concerts, and other entertainment activities.
- Identify the circumstances in which specific performance serves as a suitable legal remedy.
- Understand remedies available in the event of a breach involving personal services contracts.
Verified Answer
AS
akashdeep singhJul 21, 2024
Final Answer :
a. Specific performance is available in contracts involving the sale of personal property where the goods are rare or unique, such as for a famous painting, an original manuscript, a patent or copyright, or a rare relic or heirloom. It is also available in case of breach of contract for the sale of real property.
b. A court will not specifically enforce a contract for personal services.
c. The court awarded an injunction. A court will not compel a person to render personal services, but it will specifically enforce a negative covenant (an agreement not to do something) by an injunctive order where damages are not readily ascertainable.
b. A court will not specifically enforce a contract for personal services.
c. The court awarded an injunction. A court will not compel a person to render personal services, but it will specifically enforce a negative covenant (an agreement not to do something) by an injunctive order where damages are not readily ascertainable.
Learning Objectives
- Identify the circumstances in which specific performance serves as a suitable legal remedy.
- Understand remedies available in the event of a breach involving personal services contracts.