Library/PT 147/Sec 2/Reading Comp
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Reading Comprehension

Passage Breakdown

Specific performance is when a court orders someone to do exactly what a contract promised instead of just paying money. It’s used when money can’t fairly replace what was lost—such as a unique item—but in many cases money damages are enough. Courts especially avoid forcing people to perform services they don’t want to do because that creates coercion, resentment, and bad working relationships, so they usually award money in those situations.

Logic Breakdown

Identify the author's overall aim by locating statements that state when 'specific performance' is appropriate versus when monetary damages are preferable; the passage sets criteria for choosing between the two remedies.

Passage Stimulus

Passage Redacted

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25.

The main purpose of the passage is to

Correct Answer
E
The passage's primary purpose is to identify criteria for applying two different legal remedies—specific performance and monetary damages. Support: 'Whether or not specific performance is an appropriate remedy in a case depends on the particular characteristics of that case.' It gives examples favoring specific performance: 'It is often the only reasonable remedy when monetary damages could not adequately compensate...' (the unique or subjectively important item example). It also explains when specific performance is inappropriate and monetary damages preferable: 'in many cases monetary payment can adequately compensate... in fact, in some types of cases, court-enforced performance of the contract would actually be detrimental... This most often occurs when a contract calls for a service to be performed...' and 'Awarding monetary compensation where possible... permits the court to steer clear of entanglement...' These statements show the author is setting out criteria for when each remedy should be applied.
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