Andy pays Tom $50.00 to buy a case of oil. Tom never delivers the oil. Andy sues Tom for specific performance to force Tom to turn over the case of oil. What would most likely be the outcome of this suit?

Question

Quizplus · Accepted Answer

Specific performance is an equitable remedy typically reserved for cases involving unique goods or property, where monetary damages are insufficient to remedy the harm. Since oil is not a unique item and can be easily obtained from other sources, the court is unlikely to grant specific performance in this case. Instead, the court would more likely award monetary damages for the breach of contract.

Andy Pays Tom $50