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Remedies • Contract - Equitable Remedies
REM#059
Legal Definition
Uniqueness is tested as of the time of litigation, not contract formation.
Plain English Explanation
See Hypos.
Hypothetical
Hypo 1: Bob promises to sell Sam a unique figurine that, at the time of the agreement, is the only known work of a certain artist. However, by the time Sam sues Bob for not delivering the painting, three more identical figurines by the same artist have been discovered. Result: The court will not consider the figurine unique at the time of litigation because there are now other identical figurines available.
Hypo 2: Bob agrees to sell Sam a rare bird. At the time of the contract, the bird is one of only five known in the world. By the time of litigation, the bird species has become extinct, making Sam's bird the last of its kind. Result: The court will consider the bird's extreme uniqueness at the time of litigation due to its extinction, increasing the likelihood of specific performance.
Hypo 2: Bob agrees to sell Sam a rare bird. At the time of the contract, the bird is one of only five known in the world. By the time of litigation, the bird species has become extinct, making Sam's bird the last of its kind. Result: The court will consider the bird's extreme uniqueness at the time of litigation due to its extinction, increasing the likelihood of specific performance.
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, 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?
When is personal property considered unique enough to trigger specific performance?
Will courts grant rescission for a unilateral mistake?
