🏥
Remedies • Contract - Equitable Remedies
REM#058
Legal Definition
Most personal property is not considered unique, unless: (1) it is one-of-a-kind or very rare, (2) of personal significance to the buyer, or (3) other circumstances make the chattel unique.
Plain English Explanation
Nearly everything you own, or can buy, is mass produced. This means that, by default, courts will generally assume that with enough money you can go buy whatever you were trying to buy from another source — which is why they tend to award money damages. However, if you can actually prove that an item is legitimately unique, or rare, or personally significant, courts may be willing to enforce the sale through specific performance.
Hypothetical
Hypo 1: Bob agrees to sell Sam a pen for $100,000. However, leading up to the sale, Bob backs out and no longer wants to sell the pen. Sam sues for specific performance. Result: Courts will not enforce this sale, as pens are generally not rare or special.
Hypo 2: Bob agrees to sell Sam a pen for $100,000. The pen was used by George Washington. However, leading up to the sale, Bob backs out and no longer wants to sell the pen. Sam sues for specific performance. Result: Here, the court will likely enforce the contract and require Bob to sell the pen. Though pens may generally not be special, this pen has personal significance to Sam (Sam's a big fan of George Washington memorabilia) and the item itself is very rare (you can't just buy a George Washington-owned pen off eBay).
Hypo 3: Bob agrees to sell a limited edition signed book to Sam. There are only 10 copies in the world. After payment, Bob decides to keep the book. Result: The court can force Bob to give the book to Sam because it's very rare.
Hypo 4: Sam custom orders a sculpture that looks like his childhood home. Bob, the artist, after finishing it, decides to keep it. Result: The court can force Bob to give the sculpture to Sam because other circumstances (it being custom-made) make it unique. Also note that this is possible because the sculpture already exists at the time of the dispute, which means a court can force it to be transferred to Sam. If Bob hadn't yet sculpted it, a court would not be willing to force Bob to work against his will to produce the art for Sam.
Hypo 2: Bob agrees to sell Sam a pen for $100,000. The pen was used by George Washington. However, leading up to the sale, Bob backs out and no longer wants to sell the pen. Sam sues for specific performance. Result: Here, the court will likely enforce the contract and require Bob to sell the pen. Though pens may generally not be special, this pen has personal significance to Sam (Sam's a big fan of George Washington memorabilia) and the item itself is very rare (you can't just buy a George Washington-owned pen off eBay).
Hypo 3: Bob agrees to sell a limited edition signed book to Sam. There are only 10 copies in the world. After payment, Bob decides to keep the book. Result: The court can force Bob to give the book to Sam because it's very rare.
Hypo 4: Sam custom orders a sculpture that looks like his childhood home. Bob, the artist, after finishing it, decides to keep it. Result: The court can force Bob to give the sculpture to Sam because other circumstances (it being custom-made) make it unique. Also note that this is possible because the sculpture already exists at the time of the dispute, which means a court can force it to be transferred to Sam. If Bob hadn't yet sculpted it, a court would not be willing to force Bob to work against his will to produce the art for Sam.
Visual Aids
Related Concepts
How does election of remedies affect a claim for rescission?
If a contract has a liquidated damages clause, is specific performance still an option?
What are common defenses to specific performance?
What are defenses to rescission?
What are equitable remedies in contract?
What are the defenses to formation?
What happens if a plaintiff is entitled to rescission but has already performed?
What is reformation?
What is rescission?
What is specific performance and when it is applicable?
What is the part performance exception to the Statute of Frauds?
What type of mutual mistake is sufficient for rescission?
When applying specific performance to a land purchase contract, what happens if a buyer breaches a "time is of the essence" clause with a forfeiture clause?
When applying specific performance to a land purchase contract, what happens if the quantity of land is in dispute?
When assessing reformation, what constitutes sufficient grounds?
When assessing specific performance, how do courts weigh feasibility of enforcement?
When assessing specific performance to acquire a unique piece of property, when is uniqueness tested?
When assessing specific performance, what must the status be of a plaintiff's contractual conditions?
When assessing specific performance, why are money damages sometimes an inadequate legal remedy?
When assessing whether money damages are inadequate for specific performance, why does it matter whether a piece of property is unique and what kind of property is always unique?
Will courts grant rescission for a unilateral mistake?
