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Specific Performance

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Unit 6 Specific Performance
Elizabeth A. Combs
LS 311: Business Law I-01
Kaplan University
Professor Toni Starcher
February 14, 2012

Unit 6 Specific Performance “The equitable remedy of Specific Performance calls for the performance of the act promised in the contract. This remedy is often attractive to a nonbreaching party because it provides the exact bargain promised in the contract,” (Miller & Jentz, 2008). With this being said, we can now take a look at our assignment scenarios and see what does or does not apply to the specific performance. Our first scenario discusses Tarrington contracting to sell her house and lot to Ranier. Then, on finding another buyer willing to pay a higher purchase price, she refuses to deed the property to Rainier. Then we have Marita contracting to sing and dance in Horatio’s nightclub for one month, and then refusing to perform. I do not believe Tarrington would fall under the Specific Performance but rather than in breach of contract. The Specific Performance would require a bargain promised. I don’t see that any bargain was promised for the deed of the house. They went into contract and Tarrington cannot back out of the contract without breaching it. I do believe that Marita would fall under the Specific Performance though. We do not know what the bargain was though. She is obviously singing and dancing in the club for a specific reason, to which we do not know; however if she is refusing to dance and sing, she is not entitled to what was promised to her. The next two scenarios we look at are Juan contracts to purchase a rare coin from Edmund, who is breaking up his coin collection. At the last minute, Edmund decides to keep his coin collection intact and refuses to deliver the coin. The next one is Astro Corp. has three shareholders. One of the shareholders, Cary, contracts to sell his 4% to

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