Specific Performance

A is correct – it’s easier to tell someone to ‘Stop’ rather than make them do something specific.

C is wrong because the Court would have no way of making sure that the person / company was performing to the best of their ability.

How can the Court direct that, say, a footballer should honour her contract to continue to play for Bury FC? If she were to follow that ruling, what would prevent her from consciously playing badly?

Easier to tell her that she should stop following her intention to sign to play for Ramsbottom FC whilst still under contract to Bury.

OK?

Here it is again:

Which of the following statements about specific performance is NOT true?
A. It is not available where an injunction would be a more appropriate remedy
B. It can be granted at the court’s discretion
C. It can be ordered where the court can supervise the order
D. It can be ordered where damages would be inadequate

OK, from the bottom up:

D – this is true. If damages WERE sufficient, than the equitable remedy would not be ordered

C – again, this is true. Looked at from the other side, it WON’T be ordered where the Court is unable to supervise – the illustration of a player not performing to the best of their ability when playing for The Shakers

B – again, true. Like all the equitable remedies, specific performance is a discretionary remedy available to the Courts where a traditional Common Law remedy is not appropriate

And now, option A:

Which of the following statements about specific performance is NOT true?
A. It is not available where an injunction would be a more appropriate remedy

To the best of my knowledge, there is no inherent ranking preference in the availability of equitable remedies. Where Common Law Damages is inappropriate, the Court can think towards equitable remedies. It may be that specific performance is appropriate, but equally it could be that an injunction is appropriate.

The Court, in this situation, is faced with either ‘Do it’ or ‘Stop it’ … but either of those would be available. In any particular set of circumstances, it could be that one is more appropriate than another, but that doesn’t necessarily exclude either

On re-reading my earlier response it seems that I did not fully address the question. I hope this post makes it clearer.

OK?

You’re welcome – and glad to be helping you