ContractsIntermediateDelaware Exam

Under Delaware contract law, 'specific performance' as a remedy means:

AThe breaching party pays monetary damages
BA court orders the breaching party to perform the contract as agreedCorrect
CThe contract is cancelled and earnest money is refunded
DThe property is auctioned to the highest bidder

Why A court orders the breaching party to perform the contract as agreed Is Correct

Answer B: A court orders the breaching party to perform the contract as agreed

Specific performance is a court-ordered equitable remedy requiring the defaulting party to fulfill their contractual obligations. In real estate, it is often sought by buyers because each parcel of land is considered unique.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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