In rare cases, where monetary damages would be an inadequate compensation for breach of contract, the courts may decree an order of specific performance of the contract. How does this differ from an ordinary monetary judgement?

A) The decree of specific performance carries with it the power of the courts to fine or imprison the wrongdoer for failure to comply with the order.
B) A failure to comply with the decree of specific performance does not constitute contempt of court.
C) The decree of specific performance does not carry the power of the courts to fine or imprison the wrongdoer for failure to comply with the order.
D) A failure to comply with the decree of specific performance specifies immediate imprisonment.

Question

Fouad Moabi · Accepted Answer

Final Answer : A, Explanation :  A decree of specific performance mandates the actual performance of the contract's terms, rather than just compensating the aggrieved party with money. If the party ordered to perform fails to comply, the court can enforce compliance through fines or imprisonment, highlighting the court's power to ensure the contract's terms are fulfilled.

Definitions

Learning Objectives

Learning Objectives

Related questions