Case 2-2
 Contex
Homes Corp.
 V. V. Boag
 Questions and
 Answers
1. What are the claims of the plaintiff in
this case?
Specific performance for the Boags to purchase the
apartment on the terms agreed upon, or,
alternatively, payment of the liquidated damages
which, in its opinion, should be $6,870 in addition to
the $525 deposit already paid.
2. On what grounds does the plaintiff
base its claim (s)?
The subject matter of the contract is the purchase of
real property（不动产）. For disputes arising out of
real property sales the equitable relief of specific
performance is available.
3.What is the rationale for equitable
remedies in general?
Equitable remedy is granted where the
remedy at law is inadequate.
4. What is the rationale for specific
performance in cases where the
.
buyer of real property is the plaintiff?
Real property is unique, i.e. if seller breaches the
contract, it is unlikely that the buyer will get an
identical piece from elsewhere. That is the rationale
for specific performance in real estate transactions.
5. What is the rationale for specific
performance in cases where the
seller of real property is
the plaintiff?
The rationale is mutuality, which means that
if buyer can have specific performance in the
event of seller’s default, seller should also
have the remedy of specific performance if
buyer defaults.
6. Is the remedy of specific
performance applicable in this
case? Why or why not?
No. Because the apartment the buyer has
agreed to buy is not unique. There are
thousands of almost identical apartments put
up for sale by the developer. The developer uses
model units in much the same way sellers of
personal property use samples. In fact the
apartments have many characteristics of
personal property（personal estate个人财产，
动产）
7. What is the opinion of the court with
regard to the second count（诉讼理
由，争论点） of plaintiff's claim?
The court here dismissed the second count of
plaintiff’s claim, which was for the payment of
the $6,870 as liquidated damages, because the
contract clause provided that money already
paid at the time of default should be regarded
as payment of liquidated damages. the $6,870
check was not “money already paid at the time
of default”, because default occurred at the time
when the defendant stopped payment on the
check, and the only money already paid at that
time was the $525 deposit.
8. What has the seller to prove in
.
seeking specific performance
of a real estate contract?
He has to prove that without specific
performance, he would suffer at an economic
injury for which no remedy at law would be
adequate, or that equitable considerations
would require that remedy of specific
performance be granted .
9. Translate: "While the inadequacy of
the damage remedy suffices to
explain the origin of the buyer's
right to obtain specific
performance in equity, it does not
provide a rationale for the
availability of the remedy at the
instance of the seller of real
estate."
违约补偿金不够， 这一点
已足以说明购买方为什么
有权获得实际履行这种衡
平救济， 但不能成为不动
产的卖方获得这种救济的
理由.