Question

Under what conditions can an injured party demand specific performance when a contract has been breached? (BUSINESS LAW)

In connection with the sale of goods, describe the issues involved with the battle of the forms and how conflicts are resolved under Article 2 of the UCC. (BUSINESS LAW)

Answer 1

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Conditions under which injured party can demand specific performance when the contract has been breached:

1. There are chances that when the contact has been breached, it is near to impossible to decide how much compensation the person should get according to the damages he would get. In this case, specific performance can be demanded.

2. Specific performance of goods can be demanded in the case of real estate, buildings, land, etc. , Where the actual value is difficult to be determined.

3. When there is no alternative remedy possible for the plaintiff to the breach of contract, specific performance can be demanded.

Issues involved with the battle of forms:

Battle of forms means conflicts that arise through forms. That means when the parties involved in the contract have pre-printed forms of their own, and both of them preprint the information related to contract differently and do not match their pre-printed form from each other. And when the performance of the contact occurs, they both do not agree on the same contract, and then the conflict arises. This is the issue involved in the battle of forms.

How conflicts are is solved under article 2 of UCC:

Under article 2 of UCC, if the party coming into a contract is the regular seller of the product, then the items having similar attributes in both the pre-printed forms would be taken into consideration and all under conflicting attributes in the form would be ignored or canceled.

If any party involved is not the regular seller or buyer of the product, then it will not be considered as a contract, it would just be a proposal or counterfeit contract.