First-Year Law Students' Examination (FYLSX)

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A buyer enters into a contract to purchase a rare, one-of-a-kind painting from a seller for $200,000. Before the painting is delivered, another collector offers the seller $300,000 for the same painting, and the seller accepts, breaching his contract with the original buyer. The buyer sues the seller. Which remedy is the court most likely to grant the buyer?

Expectation damages of $100,000. Rescission of the contract and restitution of any down payment. Specific performance, ordering the seller to transfer the painting to the buyer. Punitive damages for the seller's willful breach.

Correct Answer:

Specific performance, ordering the seller to transfer the painting to the buyer.

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