(c) That's wrong.
You were asked to select the correct statement.
It is correct to say that a plaintiff who asks for an order of specific performance is also entitled to ask for another remedy (such as damages) as an alternative.
It is incorrect to say that specific performance is sometimes described as a 'discretionary' remedy because the courts may order it even if the plaintiff has only asked for an award of damages.
It is incorrect to say that actual delivery of a thing bought and sold will be enforced by an order of specific performance even if an equivalent thing can be obtained elsewhere, but at a higher price.
It is incorrect to say that promises that involve goodwill and co-operation between the parties can be enforced by an order of specific performance when no-one else is available to do what was promised by the defendant.
Give yourself no marks for this answer.
Go to the next question...
|