Equity Requires Reciprocal Seller Remedy
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
20737_jonahs_whale_lyre · CONTRACTS · Choice AYes, because Paul is a merchant with respect to the sale of Christian folk art.
Why it's attractive
It grabs the real-looking UCC status word merchant and treats it as the remedy trigger. The breaker is that the call is about specific performance, and the stem-trigger is unusual goods, not seller status.
Why it's wrong
Merchant status is not the buyer-specific-performance trigger.
Spot it next time
Ask whether the answer uses the highly unusual object.
20737_jonahs_whale_lyre · CONTRACTS · Choice CYes, because Paul could have obtained specific performance if Lydia had breached.
Why it's attractive
It makes reciprocity feel fair by asking what Paul could have obtained if Lydia had breached. The breaker is wrong party and wrong remedy; Lydia's entitlement does not depend on Paul’s hypothetical remedy.
Why it's wrong
Paul’s hypothetical remedy does not answer Lydia’s actual remedy call.
Spot it next time
Restate the call as Lydia’s buyer remedy.
20737_jonahs_whale_lyre · CONTRACTS · Choice DNo, because specific performance is not available as a remedy for breach of a contract for the sale of personalty.
Why it's attractive
It starts from the normal damages default for ordinary personal property sales. The breaker is the exception for unique or highly unusual goods, which this object supplies.
Why it's wrong
The personalty-never statement omits the unique-goods exception.
Spot it next time
Apply the Gold Key: unique or highly unusual goods can support specific performance.
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