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My take on Question 4

4. The passage most strongly suggests that the author would agree with which one of the following statements?

(A) Courts should examine the suitability of assessing monetary damages in breach of-contract-cases before they consider ordering specific performance. -- Whether or not specific performance is an appropriate remedy in a case depends on the particular characteristics of that case. Could be . KEEP
(B) Specific performance is usually the most appropriate remedy for violations of contracts to sell personal property. -- Personal Property can have sentimental value. The author had stated
a contract may provide for one party to sell some item of personal property that is unique or of such subjective importance to the buyer that there is no way to assign an accurate financial measure of the buyer's loss in not possessing the item. Wrong
(C) In general, coercive court-ordered remedies in contract violation cases arc unfair and should be avoided. Too General Wrong
(D) Specific performance is successful at resolving disputes only when the objective value of the personal property contacted for sale is reasonably low. I feel the author said the opposite. If the objective value is high, then subjective performance is good. Wrong
(E) To provide fair enforcement of contracts, legal systems should offer disputing parties the option to use any of a number of resolution methods. Not stated anywhere Wrong

Answer: A
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Explanation

2. Based on the passage, the author would be most likely to agree with which one of the following statements regarding cases in which someone is deemed by the court to have failed to undertake employment as contracted?

Explanation

This question asks which answer choice is supported by the ideas of tone of the passage. Return to the passage to determine what it states about such a case: monetary payment would be preferable to specific performance (lines 27–30 and 34–39). Evaluate each answer choice against this claim. Be wary of answer choices that introduce new ideas, that contradict the passage, or that are too extreme.

A. No. This is contradicted by the final paragraph, which states that specific performance can be problematic.

B. No. The passage does not compare the costs to the court of either remedy.

C. Yes. The final paragraph describes the negative consequences of specific performance in employment cases (lines 39–46).

D. No. The passage discusses which is preferable in theory, not what should happen if a person refuses to adopt a particular approach.

E. No. The passage does not discuss which remedy is more often considered by the courts.

Answer: C
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Explanation

3. The main purpose of the passage is to

Explanation

Rely on the Bottom Line to choose the answer. Be wary of answer choices that contradict the Bottom Line or that are too narrow or too broad.

A. No. The passage does not make a prediction.

B. No. The passage does not describe either remedy as a new legal measure.

C. No. The passage describes the difference between the two remedies but more specifically differentiates when each should be applied.

D. No. The passage does not discuss how evidence is evaluated.

E. Yes. The passage claims that specific performance is appropriate in some cases, such as when monetary damages cannot adequately compensate the victim, and that monetary damages are appropriate in other cases, such as those involving employment contracts.

Answer: E
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Explanation

4. The passage most strongly suggests that the author would agree with which one of the following statements?

Explanation

This question asks which answer choice is supported by the ideas of tone of the passage. Evaluate each answer choice against the passage to find support. Be wary of answer choices that introduce new ideas, that contradict the passage, or that are too extreme.

A. Yes. This is a paraphrase of lines 9–12.

B. No. The passage states that specific performance is sometimes the only reasonable remedy (lines 15–18), but not that it is “usually the most appropriate” remedy.

C. No. The passage does not object to coercive remedies because they are unfair but because they are detrimental to those involved in the dispute (lines 30–33).

D. No. The passage states that specific performance is appropriate when monetary value cannot be assigned to personal property (lines 18–26), which not the same thing as its value is being low. Furthermore, it is not implied that this is the only case in which specific performance can be successful.

E. No. The passage does not imply that disputants should choose the resolution method.

Answer: A
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