Contracts
In Texas, 'specific performance' as a remedy for breach of a real estate contract requires the plaintiff to prove:
AOnly that the defendant breached the contract
BThat the contract was valid, the plaintiff performed or was ready to perform, the defendant failed to perform, and monetary damages are inadequate✓ Correct
CThat the defendant is insolvent
DOnly that the plaintiff suffered economic damages
Explanation
To obtain specific performance, the plaintiff must prove: (1) a valid and binding contract existed; (2) the plaintiff performed or was ready, willing, and able to perform; (3) the defendant breached the contract; and (4) monetary damages are inadequate (typically satisfied for real estate because land is unique). Courts have discretion to grant specific performance even when all elements are proven.
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