ICAEW BL · Chapter 4 · Question 6 of 10
In which of the following situations is a court most likely to order specific performance?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) A museum seeks an order compelling a dealer to deliver a unique eighteenth-century ship's chronometer that the museum has agreed to buy
Explanation
Specific performance is an equitable, discretionary remedy granted only where damages would be inadequate. That is typically so where the subject matter is unique, such as land or a rare item that cannot be bought elsewhere (s52 Sale of Goods Act 1979 allows it for specific goods; compare Behnke v Bede Shipping). Courts will not compel personal services such as employment. Where substitute goods are readily available, damages are adequate, and an unpaid invoice is recovered by an action for the agreed sum, not specific performance.
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