Phil and Kelsey enter into a contract for a sale of Harmonica,a dog.Phil pays the price,but Kelsey does not deliver.Phil can use specific performance as a remedy if
A)Kelsey is lawfully withholding delivery of Harmonica.
B)Phil cannot effectively cure the defect.
C)Harmonica is unique.
D)Harmonica has not been identified to the contract.

Question

Quizplus · Accepted Answer

Specific performance is a remedy typically used when the subject matter of the contract is unique, such as a work of art or in this case, a dog named Harmonica. Since Harmonica is unique, Phil can use specific performance as a remedy to force Kelsey to deliver the dog as agreed upon in the contract. A, B, and D are not relevant to the use of specific performance in this scenario.

Phil and Kelsey Enter into a Contract for a Sale