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e ordered in the case of contracts involving common goods or easilyobtained services.This particular rule is especially important in real estate contracts.The law considers each parcel (separate piece) of real estate to be unlikeany other, if for no other reason than that the locations are different.Consequently, it is usually possible to sue for specific performance ofan agreement to buy or sell real estate.InjunctionAn injunction is a court order that prevents a party from performingan act of some sort. An injunction is only available in specialcircumstances, such as when money damages will be inadequate to compensatethe injured party.Example 16. Alicia Swartz owns a house in the countryside onlyfive miles from the nearest airport. The airport needs anotherrunway and contracts with a local firm to build the runway. Planesusing the new runway would descend directly over Swartz’shouse. Swartz decides to sue the airport, seeking an injunction tostop construction of the runway.An injunction may be temporary or permanent. A temporary injunctionis issued as a means of delaying further activity in any contestedmatter until the court determines whether a permanent injunction shouldbe entered or the injunction should be removed entirely. One who disobeysan injunction does so under penalty of contempt of court.Reviewing What You Learned1. What is involved in an anticipatory breachof a contract?2. What remedies are available to an innocentparty when a breach of contract occurs?3. What is specific performance?4. Why is it necessary to minimize thedamages involved in a breach of contract?Critical Thinking ActivityDamages What is the principle that forms thebasis of the theory of damages in contract law?Legal Skills in ActionAnticipatory Breach Harriet Iafigliano owesyour friend, Andy, $500 that she is supposed topay to him on May 20. Harriet sent an e-mail toAndy in April indicating that she could notpay him on that date. Andy believes that thedoctrine of anticipatory breach applies in thissituation. Write a letter to Andy explainingwhether anticipatory breach applies in his case.Chapter 12: Transfer of Contracts and Remedies for Breach 255

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