Alberta Real Estate Licensing Exam Practice · Question
A buyer and seller have a firm Residential Purchase Contract for a house in Edmonton. Before possession, the seller, in breach of the contract, removes a fixture (a built-in dishwasher) that was clearly included in the purchase agreement. What remedy is the buyer most likely to pursue?
When there is a breach of contract regarding a specific item, such as a fixture, monetary damages to compensate the injured party for the loss (e.g., the cost o
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Question: A buyer and seller have a firm Residential Purchase Contract for a house in Edmonton. Before possession, the seller, in breach of the contract, removes a fixture (a built-in dishwasher) that was clearly included in the purchase agreement. What remedy is the buyer most likely to pursue?
Answer options:
- Specific performance to compel the seller to return the dishwasher.
- Rescission of the entire contract and a full refund. ✅ Damages to cover the cost of replacing the dishwasher.
- An injunction to prevent the seller from further breaches.
Correct answer: Damages to cover the cost of replacing the dishwasher.
Explanation: When there is a breach of contract regarding a specific item, such as a fixture, monetary damages to compensate the injured party for the loss (e.g., the cost of replacing the item) are the most common and appropriate remedy. Specific performance is usually reserved for unique items or land itself, not easily replaceable chattels, as per contract law remedies.
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