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LAWS310_Final_Project - Jeffrey Welter LAWS 310 Course...

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Jeffrey Welter LAWS 310 Course Project PERCY v. DARBY Specific performance is available when the contract involves property which is unique or possesses special value. ( SEVERSON v. ELBERON ELEVATOR, INC.) “Specific performance is required only where the subject matter of the contract is unique and thus cannot be adequately compensated with money.” Seeing as how the there are no other mass manufactured gazebos that would meet Percy’s needs, the original contract stated the sale of Darby’s gazebo and installation of Darby’s gazebo on Percy’s property, and the fact that any other settlement such as an monetary payment will not suffice Percy’s needs.. The explanations below will explain why each factor in this case leads to only one conclusion. Specific performance of the outstanding contract is required here Percy has looked for other mass manufactured gazebos that would suit his hilly backyard, but has found none. With Percy’s older age, purchasing a “do it yourself” gazebo and constructing the gazebo himself is not an option due to health risks.
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