Specific Performance Is a Secondary Remedy and Will Normally Be

question 1

Multiple Choice

Specific performance is a secondary remedy and will normally be awarded only in exceptional circumstances. The granting of specific performance is at the discretion of the courts. This discretion, however, is not unfettered and it is possible to state the well-established considerations upon which it is based. The courts recognize a number of bars to granting a claim of specific performance. Which of the following statements is false?

• A) Specific performance is always barred by the innocent party's termination of the contract.
• B) Specific performance is always barred where performance is physically impossible.
• C) Specific performance is always barred where performance involves a continuous act, such as keeping a shop open.
• D) Specific performance can be barred through delay.

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Definitions:

Preexisting Differences

Differences that exist among individuals before an experimental or observational study begins, potentially influencing the study's outcome.

rTMS

Short for repetitive Transcranial Magnetic Stimulation, a non-invasive procedure using magnetic fields to stimulate nerve cells in the brain, used in treating depression and certain other conditions.

ECT

Electroconvulsive Therapy, a psychiatric treatment in which seizures are electrically induced in anesthetized patients to provide relief from mental disorders.

Anesthetic

Anesthetic is a substance that induces insensitivity to pain and is used for medical procedures to alleviate discomfort.