Which of the following remedies allows the innocent party to demand the original performance of the contractual obligations?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct remedy that allows the innocent party to demand the original performance of the contractual obligations is specific performance. This legal remedy is used in contract law when monetary damages are deemed inadequate to compensate for the breach of contract. Specific performance requires the breaching party to fulfill their obligations as originally agreed.

In situations where the subject matter of the contract is unique or where the specific contractual terms are significant, such as in real estate transactions, courts may order specific performance to ensure that the innocent party receives exactly what was promised. For example, if a seller of a unique property refuses to convey the property after a buyer has fulfilled their part of the agreement, the buyer can seek a court order for specific performance, compelling the seller to complete the sale.

Other remedies like accepting partial performance, suing for monetary damages, or agreeing to end the contract serve different purposes. Accepting partial performance typically involves the innocent party agreeing to accept what has been provided, which might not fulfill their original expectation. Suing for monetary damages seeks compensation in the form of money but does not provide the actual fulfillment of the contract. Finally, agreeing to end the contract terminates the agreement entirely and does not allow the innocent party to demand any existing obligations be met. Therefore, specific performance stands

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