Question
The plaintiff agreed to buy a house from the defendant for $205,000. As the closing date approached the defendant said that he was not willing
The plaintiff agreed to buy a house from the defendant for $205,000. As the closing date approached the defendant said that he was not willing to go through with the sale. The plaintiff sued for breach of contract. By the time of trial, the property had increased in value to $325,000. The judge held that the purchaser was entitled to choose between an order for specific performance, and monetary damages that would place the plaintiff in the position he would have enjoyed if the sale had been completed. The plaintiff chose the second option and received about $120,000 from the defendant. Why was the damages award $120,000? If the plaintiff sought specific performance, would the land be seen as unique, thereby rendering damages inadequate?
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