Asked by Magen Phillips on Jul 18, 2024
Verified
Watercraft Inc., a U.S. firm, files a suit in a U.S. court against Xia Ltd., a Chinese company, seeking specific performance. Under the United Nations Convention for the International Sale of Goods, the court is most likely to grant this remedy if
A) no remedy at law is available and the goods at issue are unique.
B) specific performance is a commonly granted remedy in China.
C) the measure of damages would be undercut by currency differences.
D) the parties' deal was a simple letter-of-credit transaction.
Specific Performance
Specific performance is a legal remedy demanding the performance of a contract according to its precise terms when damages are not sufficient compensation.
United Nations Convention
A treaty or agreement under the auspices of the United Nations, establishing standards and norms for its member countries.
Unique Goods
Items that are distinct due to their design, quality, or rarity, often making them irreplaceable in transactions.
- Analyze the conditions under which specific performance can be pursued as a remedy under international sales law.
Verified Answer
LO
Lisette Ortega-OropesaJul 24, 2024
Final Answer :
A
Explanation :
Under the United Nations Convention for the International Sale of Goods (CISG), specific performance can be granted if no adequate remedy at law, such as monetary damages, is available and the goods are unique, making specific performance the most appropriate remedy.
Learning Objectives
- Analyze the conditions under which specific performance can be pursued as a remedy under international sales law.