Frances paid Abbey $1,200 for a rare first edition of a Charles Dickens novel. The sales contract states that the book is to be delivered within ten days. Abbey , however, became sentimental about the book and refused to deliver it as promised. In order to sue for specific performance under the UCC, Frances must prove that money damages will not be adequate compensation for his loss.

Question

Quizplus · Accepted Answer

Specific performance is a remedy more commonly associated with unique goods or items for which monetary compensation is not considered adequate due to the item's unique nature. In this case, because the item is a rare first edition of a Charles Dickens novel, it is considered unique, and Frances can argue for specific performance without necessarily proving that money damages are inadequate. The uniqueness of the item itself supports the argument for specific performance under the Uniform Commercial Code (UCC), which applies to the sale of goods, including unique items.

Frances Paid Abbey $1,200 for a Rare First Edition of a Charles