Specific performance is a court order that requires someone to perform a particular act, rather than paying money, and is usually granted only when necessary to make the other party whole. The elements are: 1) the existence of a valid contract 2) breach of that contract 3) no adequate defenses to the breach 4) monetary damages insufficient to make the damaged party whole 5) enforcement of the order must be practical.
a) Since houses are unique, the judge would likely grant specific performance for this breach.
b) Specific performance not necessary here, as the nightclub can be made whole by getting money to cover the lost profits.
c) Specific performance would likely be granted here, as the particular coin is unique, and cannot be easily replaced.
d) If DeValle can be made whole with money, it is unlikely that specific performance would be granted, unless he can prove that he needs the shares - and not the money - to be able to assert more influence over the company (by becoming a majority shareholder).
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