UCC Damages Q1

greenspun.com : LUSENET : Lessig's Contracts : One Thread

In early February Arnold Moneybucks contracts to buy an original oil painting ("The Evils of Socialism") for $1,500 from Stellas art gallery. Arnold will pick up an d pay for the painting when the artists showing at Stellas has closed at the end of the month. On February 15, Arnold receives a letter from Stella saying that she has decided against selling him the painting, that she has herself fallen in love with it, and that she will be keeping it in her private collection. Arnold realizes all the more how much he himself is enamored of this work,. Does he have the right to obtain a court order making Stella deliver the wor

-- Anonymous, November 02, 1998


k to him?

-- Anonymous, November 02, 1998

I'm anxious to hear this gossip, so I'll take a stab.

I think Arnold should be able to get a court order to enforce this contract under specific performance. Under Section 2-716, the painting certainly passes the test of uniqueness. Unless Arnold is willing to accept money damages from Stella, which it seems likely he would not, I think she's bound to specific performance. Is this straightforward, or am I, as usual, missing something?

-- Anonymous, November 08, 1998

Too late for the gossip, but anyway...

I agree with Rebecca that it seems Arnold should have no problem in attaining the remedy of specific performance in this case -- getting the court to order Stella to sell the painting to Arnold for the agreed price. The painting is as unique as a parcel of land, and since the transfer of the painting does not require excessive supervision on the court's part, and this is not a matter of ordering personal service, this case seems to satisfy all the requirements needed for enforcement of specific performance.

-- Anonymous, November 08, 1998

Moderation questions? read the FAQ