First Principles of Business Law

Remedies for breach of contract

2. Orders of specific performance

2.4. The availability of alternative relief

 

 

 

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

A, a grain merchant, agrees to sell 50 tonnes of Grade 1 wheat at a price of $500 per tonne to B, a miller. Delivery is to be made two weeks after the date of contract. When delivery is due, A tells B that the price of Grade 1 wheat has risen to $600 per tonne because of a world shortage of wheat. A says he is no longer prepared to supply wheat at the contract price.  B wants an order of specific performance of his contract with A.

Is a court likely to order specific performance of this contract?

(a) Yes, because although wheat can be obtained elsewhere, it would not be the same exact wheat that A agreed to supply to B.

(b) No, because the same thing that B bought from A can easily be obtained elsewhere.

 

 

 

 
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