Certified Legal Assistant Paralegal (CLA-CP) Practice Test 2025 – Your All-in-One Guide to Exam Success!

Question: 1 / 400

Which of the following scenarios would typically NOT involve specific performance?

Sale of unique artwork

Transfer of real estate

Payment of monetary damages

Specific performance is a legal remedy used in contract law where a court orders a party to perform a specific act, usually the fulfillment of the terms of a contract, when monetary damages would not suffice. This remedy is typically applied when the subject matter of the contract is unique or when just compensation cannot adequately resolve the harm done by a breach.

In the context of the correct answer, monetary damages are a form of remedy that compensates a party for loss resulting from a breach of contract. In situations where one is seeking payment of monetary damages, the remedy is to provide a financial compensation rather than compel a specific act or performance. This is particularly relevant in scenarios involving the sale of unique items or real estate, where specific performance might be favored because of the item's uniqueness or the intrinsic value of the property involved.

In contrast, scenarios such as the sale of unique artwork or the transfer of real estate often invoke specific performance because these items are considered unique, and their value cannot be fully captured through monetary compensation. Similarly, contracts for personal services may also involve specific performance if the service is deemed unique to the individual required to perform it. Thus, the use of specific performance is appropriate in these types of contracts, while a demand for monetary damages clearly would not necessitate

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Contract for services requiring a performance

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