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Which of the following scenarios would likely result in an order for specific performance or an injunction, rather than a monetary award?
- Hannah agrees to sell her used nursery furniture to her friend, Melissa. Several months pass and it seems clear that Hannah will not follow through on the contract, so Melissa sues her for breach of contract.
- Paul and Jordan hire a pool company to install a new pool in their backyard. When the pool is complete, it's clear the company did a poor job, and chlorine water is leaking out of the pool and killing their grass. Paul and Jordan sue the pool company for breach of contract.
- When a tree removal service comes to Amanda's house to cut down several trees, it ends up damaging the roof of her garage. The company refunds the tree work but refuses to pay to repair her garage. Amanda sues the company for breach of contract.
- Fortuna owns a painting done by a famous artist, and she agrees to sell it to Langston for a significant sum of money. Later, Fortuna changes her mind and refuses to part with the painting. Langston sues Fortuna for breach of contract.

Sagot :

Tutorconsortium634idn

option 4 is correct scenario would likely result in an order for specific performance or an injunction, rather than a monetary award.

What is tort ?

Any action or inaction, other than a breach of contract, that results in harm to another person and for which a court places responsibility is referred to as a tort. In other words, a wrong has been done, and the victim will get monetary damages as compensation.

Tort claims can be broken down into three categories: carelessness, deliberate wrongdoing, and strict liability. Each has somewhat different components. However, the litigation procedure for each of them is essentially the same.

what is the standard of proof in a civil tort case ?

There are differing requirements for proof in civil and criminal cases. There are two separate standards of proof in civil trials as well. Preponderance of the evidence is the accepted standard of proof in civil tort lawsuits. When there is a preponderance of the evidence, the defendant is most likely to be held legally accountable for the plaintiff's injuries. The jury must return a verdict in favor of the plaintiff if they can support their claim with more than 50% of the evidence.

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