Question

Vinny asks if he should force spud to finish the job. could oscar get a court order requiring spud to actually build the display? yes, he was under contract to finish the display, so a court could order him to specifically perform. no, specific performance is an equitable remedy, and equitable remedies are never allowed in contract actions. no, specific performance is not allowed in this case because spud has another job. no, specific performance is not allowed in this case, only money damages. since spud cancelled on short notice, can oscar obtain punitive damages from him? no, since breaching a contract is usually held to be a business decision (not an act of moral turpitude), punitive damages are very rarely awarded in contract cases. yes, punitive damages are designed to punish, and are always available in contract disputes. yes, if oscar can show that spud made more money on the other job. yes, unless spud can prove that the other job was an emergency. if vinny finishes the job, a

Answer 1

The correct answers to the questions are as follows:
1. NO, SPECIFIC PERFORMANCE ARE NOT ALLOWED IN THIS CASE BECAUSE MONEY DAMAGES ARE AVAILABLE.
When a party to a contract refuse to fulfill the terms of a contract, there are two forms of punishments that can be imposed on such an offender. It is either the court force the offender to perform the tasks expected of him or he can be asked to pay financial fines, which represents the damages incurred as a result of abandoning his work. In the question given above, money damages option is available, so Spud does not necessarily have to be forced to complete the job.

2. The correct answer is this: NO, SINCE BREACHING A CONTRACT IS USUALLY HELD TO BE A BUSINESS DECISION [NOT AN ACTION OF MORAL TURPITUDE] PUNITIVE DAMAGES ARE RARELY AWARDED IN CONTRACT CASES.
Punitive damages are damages imposed by the court of law, which are targeted at differing an offender and others from engaging in conducts that are similar to that which formed the basis of the concerned lawsuit. Punitive damages are usually awarded if the court feels that the compensatory damages awarded is not enough to compensate the injured party. Punitive damages are only awarded in special cases and usually under tort law; punitive damages generally can not be awarded in contract disputes.