by ohthatpatrick Thu Aug 10, 2017 1:18 pm
There's definitely SOMETHING like (B) in P2, but we'll need to research it before we can sign off on loaded language like "USUALLY the MOST appropriate".
We can justify the MOST with lines 24-26, where it says "the BEST remedy" would be specific performance.
But we don't know if it's USUALLY that way.
(B) is saying that, in at least 51% of cases dealing with violations of contract to sell personal property, the best remedy is specific performance.
We only know (line 15) that it is OFTEN the only reasonable remedy, and we know that in the case of a seller who refuses to complete the sale it's the best remedy.
But maybe that is way less than 51% of cases dealing with violations of contract to sell personal property.
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(A) This is the most supportable, because the author's main point in the 3rd paragraph (tying into his main point overall) is that specific performance is probably NOT a good idea in some breach-of-contract situations. Lines 27-33 are good support for this notion.
(C) Too strong: "in general", "unfair and should be avoided"
(D) Too strong: successful "only when"? out of scope: "when objective value is reasonably low"?
(E) Out of scope: "offer disputing parties THEIR CHOICE of any number of options"?