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Question 1
George is the owner of Babe's Baseball Memorabilia. He is currently negotiating to buy a Honus Wagner baseball card from Mickey. Mickey agrees to sell the card, the only one of its kind, for $250,000. The day before George and Mickey are due to make their exchange, Mickey calls George and tells him that the deal is off. If George sues Mickey, the court will award him specific performance and force Mickey to sell the card to George:
Correct In contracts for the sale of goods, the test for determining a buyer's right to specific performance, according to the U.C.C., is whether or not the goods that are being contracted for are unique. See U.C.C. 2-716 (1). Therefore, if the buyer buys a unique item from the seller and the seller breaches, specific performance will be awarded and the seller will have to produce the item that the buyer had bought. Here, since the baseball card is unique, George will be awarded specific performance and TRUE is the correct answer.
Incorrect! In contracts for the sale of goods, the test for determining a buyer's right to specific performance, according to the U.C.C., is whether or not the goods that are being contracted for are unique. See U.C.C. 2-716 (1). Therefore, if the buyer buys a unique item from the seller and the seller breaches, specific performance will be awarded and the seller will have to produce the item that the buyer had bought. Here, since the baseball card is unique, George will be awarded specific performance and TRUE is the correct answer.
Correct
Incorrect!
Question 2
George and Lenny agree to buy five acres of farmland from Curley for $250,000. A few days before George and Lenny are supposed to pay the contract price and take title to the land, they call Curley and tell him that the deal is off. If Curley sues George and Lenny, the court will award Curley specific performance, and force George and Lenny to pay for the land and take title to it:
Correct As far as contracts for the sale of real property are concerned, a buyer of real estate is entitled to specific performance which would require the seller in breach to deliver the title deed on the land to the buyer, thereby giving the buyer ownership of the property. In the event that the buyer breaches, the seller can get specific performance where the court will order the buyer to take title to the land and pay the contract price. That being the case, Curley is entitled to specific performance and TRUE is the correct answer.
Incorrect! As far as contracts for the sale of real property are concerned, a buyer of real estate is entitled to specific performance which would require the seller in breach to deliver the title deed on the land to the buyer, thereby giving the buyer ownership of the property. In the event that the buyer breaches, the seller can get specific performance where the court will order the buyer to take title to the land and pay the contract price. That being the case, Curley is entitled to specific performance and TRUE is the correct answer.
Correct
Incorrect!
Question 3
Ben and Jerry and Eddie enter into a contract under which Eddie will manage Ben and Jerry's ice cream plant for two years at a salary of $250,000 per year. One week before Eddie is supposed to begin, Eddie signs a contract to manage Breyers' ice cream plant and tells Ben and Jerry that he will not be coming to work for them. If Ben and Jerry sue Eddie, the court will award them specific performance and force Eddie to work for Ben and Jerry:
Correct
Incorrect!
Correct As far as employment contracts are concerned, typically, specific performance is not available as a remedy because courts will not force somebody to perform a service against their will. However, what the court will do is place an injunction on the breaching party that prohibits him from providing his services to anybody else for as long as the contract with the original injured party would have lasted. That being the case, Ben and Jerry will not be awarded specific performance and FALSE is the correct answer.
Incorrect! As far as employment contracts are concerned, typically, specific performance is not available as a remedy because courts will not force somebody to perform a service against their will. However, what the court will do is place an injunction on the breaching party that prohibits him from providing his services to anybody else for as long as the contract with the original injured party would have lasted. That being the case, Ben and Jerry will not be awarded specific performance and FALSE is the correct answer.