LSAT 147 | Section 2 | Reading Comprehension: Q23

RC Question 23 Explanation

DISCUSSION: Note that this question is not asking “when should the court order specific performance”. It’s asking which answer is a case of specific performance.

The right answer is a case where the court shouldn’t order specific performance, but the answer nonetheless describes a situation of specific performance.

Note that “giving something back” isn’t specific performance. Performing the contract is specific performance.

___________

1. Specific performance would be actually publishing the manuscript. Returning a book isn’t monetary damage, but that doesn’t make a book return specific performance any more than a restraining order would be specific performance. There are multiple court orders that aren’t based on money.
2. CORRECT. This matches. There was an employment contract for the employee to work. She breached the contract, and so the court is ordering her to fulfill the contract and work for the company.
    
   (The passage argues that this is a bad situation to use specific performance in, but it’s definitely an example of specific performance.)
3. Specific performance would be building the mall.
4. Specific performance would be finding an authentic chair and giving it to the buyer.
5. Paying damages isn’t specific performance. Specific performance would be actually working for the company.