16 Which of the following statements about specific performance is NOT true?
A.It can be ordered where damages would be inadequate
B.It can be ordered where the court can supervise the order
C.It is not available where an injunction would be a more appropriate remedy
D.It can be granted at the court’s discretion
答案: It can be ordered where the court can supervise the order Specific performance will only be granted where the common law remedy of damages is insufficient to compensate a claimant. It will not be available in cases where the court would have to supervise compliance. All equitable remedies are granted only at the court's discretion.
对于B答案不理解。答案说It will not be available in cases where the court would have to supervise compliance.但是我的笔记里说法庭不能监督performance的时候,才不适用specific performance,但是这里不是可以监督吗?为什么不对?
A.It can be ordered where damages would be inadequate
B.It can be ordered where the court can supervise the order
C.It is not available where an injunction would be a more appropriate remedy
D.It can be granted at the court’s discretion
答案: It can be ordered where the court can supervise the order Specific performance will only be granted where the common law remedy of damages is insufficient to compensate a claimant. It will not be available in cases where the court would have to supervise compliance. All equitable remedies are granted only at the court's discretion.
对于B答案不理解。答案说It will not be available in cases where the court would have to supervise compliance.但是我的笔记里说法庭不能监督performance的时候,才不适用specific performance,但是这里不是可以监督吗?为什么不对?