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
Determine the author's overall recommendation about remedies: the passage says specific performance is appropriate in limited circumstances (e.g., unique items) but that when monetary damages will adequately compensate, courts commonly need not order specific performance—so choose the option that says courts should consider monetary damages before ordering specific performance.
Passage Stimulus
Passage Redacted
Unlock Full Passage26.The passage most strongly suggests that the author would agree with which one of the following statements?
Correct Answer
A
A is correct. The author argues that whether specific performance is appropriate 'depends on the particular characteristics of that case' and explicitly states that 'in many cases monetary payment can adequately compensate for the refusal to fulfill the terms of a contract, and thus the court commonly need not consider ordering specific performance.' These sentences indicate that courts should first assess whether monetary damages will suffice before resorting to ordering specific performance. The passage also acknowledges the limited exception—specific performance is appropriate when 'monetary damages could not adequately compensate' (e.g., when an item is 'unique or of such subjective importance...').
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