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Specific Performance Is a Secondary Remedy and Will Normally Be

Question 1

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Specific performance is a secondary remedy and will normally be awarded only in exceptional circumstances. The granting of specific performance is at the discretion of the courts. This discretion, however, is not unfettered and it is possible to state the well-established considerations upon which it is based. The courts recognize a number of bars to granting a claim of specific performance. Which of the following statements is false?


A) Specific performance is always barred by the innocent party's termination of the contract.
B) Specific performance is always barred where performance is physically impossible.
C) Specific performance is always barred where performance involves a continuous act, such as keeping a shop open.
D) Specific performance can be barred through delay.

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