September 2016 LSAT
Section 2
Question 26
The passage most strongly suggests that the author would agree with which one of the following statements?
Replies
Ravi on July 4, 2019
@samxinghaoli,Happy to help. Let's take a look at (A) and (B).
(B) says, "Specific performance is usually the most appropriate remedy
for violations of contracts to sell personal property."
The problem with (B) is that it's too strong. The author states that
specific performance is sometimes the most appropriate remedy in
contract disputes that involve the sale of personal property of great
subjective importance. However, we cannot infer from this single
example that the passage's author would believe that specific
performance is usually the most appropriate remedy for contracts
involving the sale of all types of personal property. If (B) had said
"sometimes" instead of "usually," it would be correct.
(A) says, "Courts should examine the suitability of assessing monetary
damages in breach-of-contract cases before they consider ordering
specific performance."
In reading the passage, we can tell that the author takes a fairly
cautious outlook toward specific performance. Although she states that
there are occasions where it's the only suitable remedy, she also
states that "the court commonly need not consider ordering specific
performance," so the author appears to imply that it may be better to
avoid it if at all possible. Thus, the author would likely agree that
courts should consider whether or not monetary damages would be
appropriate before looking at the suitability of specific performance.
Thus, (A) is the correct answer choice.
Does this make sense? Let us know if you have any more questions!
samxinghaoli on July 5, 2019
@RaviYeah I think it makes sense. Thank you a lot.
Ravi on July 23, 2019
@samxinghaoli, you're welcome! Let us know if you have any other questions!