Ivy orally agrees to buy a unique collection of sports memorabilia for $10,000 from Jess and sends $2,500 as an initial payment. When Ivy pays the rest of the price, Jess refuses to ship the collection. In a suit for breach, Ivy should seek
A) damages.
B) restitution.
C) a quasi contract.
D) specific performance.

Question

Quizplus · Accepted Answer

In this scenario, Ivy should seek specific performance. This is because the collection of sports memorabilia is unique, and therefore damages would not be an adequate remedy. Additionally, restitution and quasi contracts would not be appropriate because Ivy has already made an initial payment and is seeking the collection itself. Therefore, specific performance would be the best choice for Ivy to seek.

Ivy Orally Agrees to Buy a Unique Collection of Sports