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If a party is ordered to complete their part of a contract by the courts, what is the term for the order given to the defendant to force them to consummate (complete) the sale?

1) Injunction
2) Specific Performance
3) Rescission
4) Damages

User Organiccat
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1 Answer

7 votes

Final answer:

The term for the court order given to force a party to complete the sale as per the contract is Specific Performance. It is an equitable remedy used when monetary damages are insufficient, often in cases involving unique properties like real estate.The correct option is 2).

Step-by-step explanation:

If a party is ordered to complete their part of a contract by the courts, the term for the order given to the defendant to force them to consummate (complete) the sale is Specific Performance. Specific performance is a legal remedy in which a court orders the party who breached a contract to perform the contract according to its precise terms. This remedy is often used in the sale of real estate, where monetary damages may not be adequate due to the unique nature of the property.

An Injunction might be issued to prevent a party from doing something, Rescission is the cancellation of the contract, and Damages refer to financial compensation for the harm caused by the breach of contract. Specific performance is considered an equitable remedy and is distinct from these other legal remedies.

User Billpg
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