Anthony makes a contract to sell a rare painting to Laura for $100,000. The written contract specifies that if Anthony should fail to perform the contract, he will pay Laura $9,000 as damages. Anthony fails to deliver the painting, and Laura sues Anthony seeking the remedy of specific performance of the contract. Is Laura entitled to specific performance?

Question

Law

Martin Eaton

19 April, 06:55

Anthony makes a contract to sell a rare painting to Laura for $100,000. The written contract specifies that if Anthony should fail to perform the contract, he will pay Laura $9,000 as damages. Anthony fails to deliver the painting, and Laura sues Anthony seeking the remedy of specific performance of the contract. Is Laura entitled to specific performance?

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Adeline Mcintyre · Answer 1

Yes because the contract specifies that if Anthony should fail to perform the contract, he will pay Laura $9,000 as damage but monetary damages would not be enough to make up for the loss.

Explanation:

One of the most common remedies chosen by buyers after a breach of contract by the seller is a lawsuit for damages for nondelivery. These suits occur if the seller fails or simply refuses to deliver the goods that were promised in the contract. In addition to suing for damages, the buyer can request that the money they've already paid be returned. A suit for price is another remedy available for a contract breach. These suits involve the money that the buyer has paid for goods that were not delivered by the seller.

In some contracts between buyers and sellers, the goods described are specific, meaning if these goods are not delivered, monetary damages would not be enough to make up for the loss. In these circumstances, the buyer can file a suit for specific performance. If the buyer wins the suit, the seller will be forced to abide by the terms of the contract, meaning they would need to deliver the specific goods that were promised.