Consider the following examples example 619 rosario

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Unformatted text preview: subject to specific performance, even though they are unique by their very nature. Courts will simply not force anyone to work for another against her will; only money damages are available to nonbreaching parties in such circumstances. Consider the following examples: Example 6.19. Rosario, an artist, contracts to sell one of her paintings to Carl for $5,000. She then changes her mind. Carl can seek specific performance, since the painting is unique and money damages will not adequately compensate him for his loss. rog80328_06_c06_111-133.indd 126 10/26/12 5:37 PM Section 6.4 Chapter Summary CHAPTER 6 Example 6.20. Rosario contracts to paint Carl’s portrait for $5,000. She then changes her mind. Specific performance is unavailable as a remedy to Carl since a court will not force Rosario to paint the portrait against her will. His only remedy is compensatory damages; he can recover from Rosario the difference between the contract price and what he will have to pay another artist of similar skill to Rosario to paint his portrait. In the event that another artist whose skills equal or surpass Rosario’s is willing to paint his portrait for the same or a lower price, the remedy awarded by a court may simply be nominal damages. Specific performance is an equitable remedy (a remedy available only at the discretion of a court and one that a plaintiff is not entitled to as a matter of law). A court will generally only grant an equitable remedy when the legal remedies (e.g., compensatory damages) will not sufficiently compensate the plaintiff. When unique items of very high value are involved, a court may at its discretion also issue an injunction (a court order) preventing the defendant from selling or moving the property that is the subject matter of the lawsuit pending a final resolution of the case. Like specific performance, injunctive relief is also an equitable remedy that a plaintiff may seek in appropriate actions. Election of Remedies There are circumstances in which the aggrieved party in a breach of contract action has more than one remedy available. When that is the case, the victim of the breach of contract must select the remedy that he wants the court to award. Depending on the subject matter of the contract and the state involved, a person may have the option of asking for alternati...
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