First Principles of Business Law

Remedies for breach of contract

2. Orders of specific performance

2.5. Performance that causes hardship

 

 

 

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

A, the owner of a large office block, agrees to pay $10,000 to B, a painter, to paint the exterior of A's building in the colour 'cream puff', using paint supplied by B. When the building has been painted, A says it looks a little darker than expected. It turns out that B has mistakenly used a slightly different colour called 'cream-buff'. A insists the building be repainted in the agreed colour.

Would a court be likely to order specific performance in this case?

(a) Yes, because A is entitled to the benefit of what he was promised, even if this imposes on B in the hardship of doing the work again.

(b) No, because to repaint the building would impose a degree of hardship on B that is unreasonable in the circumstances.

 

 

 

 

 

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