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In what situation could a party enforce strict performance?

a. When the parties specifically agree to it in the contract
b. When the plaintiff received sufficient benefit and the difference can be compensated with monetary damages
c. When the requirement is reasonable
d. When one of the parties did not act in good faith

1 Answer

1 vote

Final answer:

Strict performance can be enforced in contracts where exact fulfillment is required and noncompliance occurs, such as unique services by a surgeon. Property rights support contractual rights, allowing economic transactions and growth with legal enforcement against non-payment.

Step-by-step explanation:

A party can enforce strict performance in a situation where there has been noncompliance with the terms of a contract, and the nature of the contract or the circumstances require exact fulfillment of the obligations as they were agreed upon. This is particularly true in situations where the subject matter is unique or the damages for breach of contract are not easily quantifiable in monetary terms.

For example, in the case of an employment agreement involving specialized services, such as a skilled surgeon performing a surgery, strict performance is enforceable. If the patient fails to pay, it represents a theft of property, i.e., the services provided by the surgeon. The enforcement of such contractual rights is underpinned by property rights that allow individuals to trade or utilize their property. In societies with strong property rights and contractual enforcement, economic transactions and growth are facilitated, as parties have legal recourse in the event of noncompliance.

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