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

The passage most strongly Remaining source text redacted.
Why the credited answer is right

Credited answer: A

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

Question Type

Legal

Strategy Overview

Review the main point, and use notes or highlighted/underlined text in the passage to recall the author's attitude, and find the answer that best reflects your understanding of the main point/author's attitude

Answer Anticipation

This question asks us about the author's view, but doesn't provide any insight into the topic of the correct answer or where the supporting information might show up in the passage. This means the correct answer is likely to relate back to the author's main point. As such, we'll need to rely on our big-picture understanding of the passage to answer this question. We should start by reminding ourselves of the main point (either by reviewing what we said after reading the passage or by re-reading our answer to the main point question). We can also review any notes about the author's attitude or any text we highlighted because it expressed the author's opinion. After doing that, we can head to the answer choices, tabling those that don't line up with the main point. For those answer choices that conform to the author's main point, we'll use our notes and the passage to see if it's correct.

Answer choices

  1. A
    Courts should examine the Remaining source text redacted.
    Why choice A matches the stem

    (A) Is this consistent with the author's main point or what you recall about the author's opinions?

    Yes! This answer choice evinces a slight preference for monetary damages over specific performance, as it says courts should consider using monetary damages before considering specific performance. This is entirely consistent with the author's main point (see the Last Thoughts? section in the Passage Summary for more thoughts about this). Therefore, this answer choice merits a closer look to see if it's supported.

    Upon review, we'll see that the author indeed says there are "some" cases in which specific performance is appropriate but "many" cases in which it's "clearly" inappropriate (Lines 9-12) . The author also dedicates the lengthy third paragarph to outlining all the issues with specific performance. (Compare the long pro-monetary damages third paragraph to the much shorter pro-specific performance second paragraph.) Based on the author's word choice and organization of the passage, we can confirm that (A) is supported. Some risk-tolerant test-takers may even select (A) and advance straight to the following questions.

  2. B
    Specific performance is usually Remaining source text redacted.
    Why choice B is not credited

    (B) Is this consistent with the author's main point or what you recall about the author's opinions?

    Nope. This is pro-specific performance for any case involving personal property. This doesn't match the author's main point, which leans in favor of monetary damages. Experienced test-takers would cross this option off without checking the passage.

    If we had to check the passage to eliminate (B), we'd see that the sale of property is discussed as an example of a situation where specific performance may be appropriate in Paragraph 2 (Lines 15-23). However, it's stated that this is the case when the item in question is unique or has subjective importance. There's no indication that this is the case the majority of the time ("usually"), so this answer is too strong.

  3. C
    In general, coercive court-ordered Remaining source text redacted.
    Why choice C is not credited

    (C) Is this consistent with the author's main point or what you recall about the author's opinions?

    No. This answer choice is against most "coercive" legal remedies. The author's main point is that rewarding monetary damages is the appropriate legal remedy for many cases, but specific performance may be appropriate in other cases. We can reasonably argue that both remedies are "coercive," so this answer choice can be eliminated without reviewing the passage.

    If we reviewed the passage, we'd see that the Author uses the term "coercion" when talking about forcing someone to fulfill an employment contract (Line 41), but that doesn't mean the author thinks that is the only type of coercive remedy. Any specific performance ruling would be coercive. In fact, monetary compensation would also be coercive — the court is forcing someone to pay money under the threat of penalty for failing to comply. Since the author believes specific performance is appropriate at times, and monetary remedies are appropriate otherwise, they wouldn't agree that coercive remedies should generally be avoided. Just the "kind of coercion" that would force someone to work for someone else should be.

  4. D
    Specific performance is successful Remaining source text redacted.
    Why choice D is not credited

    (D) Is this consistent with the author's main point or what you recall about the author's opinions?

    Negative. The main point had nothing to do with the "objective value" of personal property, so we can cross off (D) without reviewing the passage.

    If we needed to re-read the relevant parts of the passage, we'd see that the passage says that specific performance is the only remedy when money can't properly compensate someone in a sale-of-goods contract (Lines 15-23). The examples given are when the item is unique or subjectively important — not when the value is reasonably low.

  5. E
    To provide fair enforcement Remaining source text redacted.
    Why choice E is not credited

    (E) Is this consistent with the author's main point or what you recall about the author's opinions?

    Nope. The passage brings up two remedies, not resolution methods (which would be trial, arbitration, mediation, etc…). And even if this answer talked about remedies, the passage doesn't note that the disputing parties should decide which one is more appropriate — it puts that on the courts.

What this tests

Discussion

View all discussions Start a discussion