First Principles of Business Law

Performance and breach of contract

3. Specific performance

3.3. Specific performance continued...

 

 

 

Read the facts and the question and then choose the best answer.

A inspects a range of office furniture in B's furniture store. He sees a desk that he particularly likes, which is described as 'The Oldfield'. It is made of oak and has a beautiful grain. He tells B he particularly likes the appearance of the woodgrain of that desk. He says he wants to buy 'this Oldfield desk' and B agrees to sell it to him. The next day B delivers an 'Oldfield' desk to A, but it is not the particular one A had seen in the shop.

Has B performed her obligations under the contract?

(a) Yes, as long B delivers an Oldfield desk to A, it does not matter that the one delivered is not the same one that A saw in the shop.

(b) No. The facts show that that A and B agreed to buy and sell the particular desk that A saw in the shop, and it is that same desk that B must deliver to A.

 

 

 

 

 

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