Multistate Bar Examination Practice Question

A buyer agrees to purchase an original oil painting from a seller for $100,000. Delivery is set for June 15. On that date, the seller refuses to deliver the painting and instead offers to refund the buyer in full. The buyer, however, insists on taking possession of the painting, arguing that it holds special commercial significance. The seller contends that monetary damages are enough to resolve the issue. Assuming the buyer can satisfy all other legal requirements, is the buyer entitled to enforce delivery through specific performance?

  • No, the buyer is not entitled to enforce delivery because the seller offered to refund the buyer in full.

  • Yes, the buyer is entitled to enforce delivery because the painting is unique, and monetary compensation would not serve as an adequate remedy.

  • No, the buyer is not entitled to enforce delivery because financial compensation is sufficient to address the breach of contract.

  • No, the buyer is not entitled to enforce delivery because collectible art is often valued in terms of monetary compensation.

Multistate Bar Examination
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