Question

Nicole has a contract to buy 14 cases of hammers from Tyler. Tyler breaches the contract. Even though she can get similar hammers somewhere else, Nicole wants to sell his hammers because she secretly likes his logo and thinks it will draw customers in to her store. If she sues for specific performance, will she win?
a. Yes, because she likes his logo and cannot get that logo somewhere else.b. No, because she can get similar hammers elsewhere.c. Yes, because he breached the contract and so can be made to deliver the hammers.d. No, because Tyler does not want to give her the hammers.

Answer 1

Answer:

B) No, because she can get similar hammers elsewhere.

Explanation:

When someone sues for specific performance he/she is asking the court to order the defendant to complete performance the contract. They are not suing to recover any damages that may have resulted from the breaching of the contract.

In this case, Nicole would have probably been able to sue Tyler for some type of compensatory damages, but since the hammers are such a common good, it would be very difficult for her to obtain an specific performance order.