PrepTest 147

[lcid:3685] Prep Test 147 LSAT — Reading Comp — S2 Reading comp

Passage

  A remedy that courts sometimes use in disputes involving a breach of contract is simply to compel the participants in Remaining source text redacted.
Passage walkthrough
Passage Summary

Topic: Legal


Paragraph 1

  • Paragraph note
    • Problem described (how to resolve contract breaches), a solution presented (specific performance), and author's view (many cases in which specific performance is not suitable)
  • Views, minor Meta-Structures, and the author's attitude
    • Definition of "specific performance": compelling participants in a contract breach to do what they previously agreed to do (first sentence)
    • Definition of "monetary damages": Requiring the person who broke the contract to pay for the loss (second sentence)
    • Author's view:
      • Although there are some cases in which specific performance can be better, there are *many* cases in which specific performance is not appropriate (last sentence)
    • Author's attitude: "there are some cases" (last sentence); "can be a better alternative" (last sentence); "many instances in which it is clearly not a suitable remedy" (last sentence)

Paragraph 2

  • Paragraph note
    • Author's support (Specific performance can be appropriate if money couldn't compensate the loss)
  • Views, minor Meta-Structures, and the author's attitude
    • Example of a situation where money can't compensate for loss, according to the author:
      • The purchase of something unique and/or subjectively important (third and last sentences)
    • Author's attitude: "could not adequately compensate" (second sentence); "no way to assign" (third sentence)

Paragraph 3

  • Paragraph note
    • Author's support (In many cases, money can compensate for loss and specific performance can be bad)
  • Views, minor Meta-Structures, and the author's attitude
    • Example of a situation where specific performance would be bad, according to the author:
      • When a service is in the contract, especially employment (third through last sentences)
    • Cause-and-effect relationship, according to the author:
      • Forcing someone to perform a service after breaking a contract would cause dissatisfaction and psychological friction (fifth sentence)
    • Author's attitude: "many cases monetary payment can adequately compensate" (first sentence); "commonly need not consider" (first sentence); "In fact" (second sentence); "would actually be deterimental" (second sentence); "should be avoided" (second sentence); "most often" (third sentence); "most compelling reasons" (third sentence); "can, at the very least, heighten dissatisfaction and intensify psychological friction" (fourth sentence); "often do better to avoid imposing such uncomfortable conditions" (fifth sentence); "troublesome aspects" (last sentence); "while still providing relief" (last sentence)

Main Point: While there are cases where specific performance is an appropriate remedy for a breach of contract, there are many cases where it's clearly not appropriate.

Key Lines?

Lines 1-4 - The key term is defined

Lines 9-12 - The author's conclusion

Lines 15-18 - The author's support (when specific performance is appropriate)

Lines 34-36 - The author's support (when specific performance is not appropriate)

Meta-Structure?

Problem/Solution: We think this passage is best defined by the Problem/Solution Meta-Structure. As is common in such passages, this passage begins with a problem: how does the legal system remedy contract violations? The author then brings up two solution: specific performance, or demanding that the parties to the contract actually do what they contractually agreed to do, and monetary damages, or paying out the money loss due to the contract breach. The author then spends the rest of the passage discussing the few cases in which specific performance is appropriate and the many cases in which it is inappropriate (and thus monetary damages is the better solution).

In a Problem/Solution passage, the author's opinion of the solution is generally the main point. The author summarizes their opinion in the last sentence of the first paragraph. We can use that sentence (or our version of it above) to answer the nigh-inevitable Main Point question.

Examples: The most prominent minor Meta-Structure in this passage is the two examples listed in the second and third paragraphs. The author provides an example of when specific performance can be appropriate (Lines 18-26) and a lengthy example in which specific performance is harmful (Lines 34-50). We should expect at least one question — a Minor Point or Argument Structure question, specifically — about the latter example.

Last Thoughts?

Paying attention to the author's word choice — especially the words that indicate how strongly the author holds their opinions — is an important skill in Reading Comp. This passage's first paragraph illustrates this point effectively.

Readers who do not pay attention to the author's word choice might conclude that the author doesn't favor either of the two solutions to contract breaches — that the author is equally split between specific performance and monetary damages. However, notice the author's word choice in the conclusion: there are "some" cases where specific performance "can be" appropriate, but "many" cases where "it is clearly not a suitable remedy" (Lines 9-12). The use of "many" (as opposed to "some") and "clearly" strongly suggest the author is generally against specific performance. This preference is reflected in the author's word choice in the third paragraph as well. Paying attention to this word choice helps us better understand the passage's main point and prepares us to answer Major Point and Tone questions.

Question prompt

Based on the passage, Remaining source text redacted.
Why the credited answer is right

Credited answer: C

The notes below walk through why it fits the stem and how to eliminate the rest.

Question Type

Legal

Strategy Overview

Consult your notes or passage to recall the author's attitude about employment contracts, and find the answer that best reflects your understanding of the author's opinion on that topic

Answer Anticipation

This question asks us to find the answer choice about a broken employment contract that the author would most likely agree with. We can review our notes and what we highlighted/underlined to determine where the discussion of this topic takes place. Once we locate the relevant parts of the passage, we can review those to anticipate what the correct answer might say.Looking at our notes, we'll notice the author goes into specific examples of types of contracts where specific performance would be a good or bad idea in the second and third paragraphs. In the third paragraph, the author discusses employment contracts specifically. The author uses employment contracts as an example of a contract in which specific performance would be inappropriate since it would require people that probably resent each other to work together (Lines 34-46). Let's find an answer aligning with that.

Answer choices

  1. A
    Often specific performance in Remaining source text redacted.
    Why choice A is not credited

    (A) Does this answer choice say that the author does not think specific performance would be an appropriate remedy in this case?

    Nope. The author says employment contracts aren't good cases to use specific performance as a remedy (Lines 30-39), and this answer runs contrary to that.

  2. B
    While specific performance costs Remaining source text redacted.
    Why choice B is not credited

    (B) Does this answer choice say that the author does not think specific performance would be an appropriate remedy in this case?

    No. First, this answer suggests that the court should balance factors in these cases to determine if specific performance is worthwhile, while the passage says that it's usually not (Lines 30-39). Second, the passage suggests that it would be costly to do so ("Even if a court had the resources," Lines 46-47), which doesn't allow this comparative answer to be supported.

  3. C
    Enforcement of specific performance Remaining source text redacted.
    Why choice C matches the stem

    (C) Does this answer choice say that the author does not think specific performance would be an appropriate remedy in this case?

    This is aligned with that idea, so let's dig into the passage to see if the enforcement of specific performance wouldn't be successful. As the author suggests in the third paragraph, the court may not have the resources to enforce the specific provisions of an employment contract ("Even if a court had the resources," Lines 46-47). Moreover, the author says that forcing two people to work together after going through a contract breach and the subsequent lawsuit may engender resentment and hostility (Lines 42-46). Therefore, this answer choice is fully supported by the text. We can justifiably select it and move on to the next question.

  4. D
    If the person who Remaining source text redacted.
    Why choice D is not credited

    (D) Does this answer choice say that the author does not think specific performance would be an appropriate remedy in this case?

    Nope. The author doesn't talk about what happens if the parties refuse to comply with a ruling. Instead, the author focuses on which remedy is right for the court to hand down in the first place.

  5. E
    Specific performance is more Remaining source text redacted.
    Why choice E is not credited

    (E) Does this answer choice say that the author does not think specific performance would be an appropriate remedy in this case?

    Negative. First, the Author doesn't discuss what courts do, but rather what they should do. This answer is about what the courts do consider. Second, the author highlights employment contracts as a situation where specific performance is an "especially" bad idea (Lines 37-39). So, the author believes it shouldn't be considered in such cases more than in other service-based contracts.

What this tests

Discussion

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