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Which of the following statements is true regarding a specific performance remedy for breach of a contract to provide services?

A Specific performance is not available as a remedy for a breach of a contract to provide services

B Specific performance can always be granted for a breach of a contract to provide services because services are personal and thus always considered to be rare or unique

C Specific performance can be granted for a breach of a contract to provide services only if a legal remedy would be inadequate

D Specific performance can be granted for a breach of a contract to provide services only if the services are shown to be rare or unique

1 Answer

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Final answer:

Specific performance can be granted in breach of service contract cases only if other legal remedies are inadequate, generally when services are rare or unique and monetary damages are insufficient. It's uncommon to compel personal service contract performance.

Step-by-step explanation:

When dealing with breaches of contracts regarding the provision of services, it is generally understood that a specific performance remedy is not typical. In legal terms, specific performance is an equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to perform the contract as agreed. However, specific performance is typically unavailable for contracts to provide personal services due to the personal nature of the services and the legal system's preference for not compelling performance in such cases. Looking at the options provided, the most accurate statement would be that specific performance can be granted for a breach of a contract to provide services only if a legal remedy would be inadequate (option C). This is because when legal remedies, such as monetary damages, are insufficient or inadequate to compensate for the breach, then a court might consider an order for specific performance.

For instance, if the services are rare or unique, and monetary damages would not serve as an adequate substitute for the performance of the service, the court might order specific performance. However, even in these rare circumstances, courts are often reluctant to order specific performance for personal service contracts, as it can be impractical or impossible to enforce such an order effectively.

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