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Auto Rebuilders Inc. orders original 1995 model parts from Car Wreckers Inc. Car Wreckers boxes the parts for shipment but finds another purchaser who is willing to pay more and refuses to ship the parts to Auto. Auto Rebuilders is unable to find the parts for sale elsewhere but is uncertain about what legal remedy to pursue. What remedy is best suited for this situation?

Answer :

Auto Rebuilders Inc. should seek a legal remedy for breach of contract, with specific performance being the most suitable as the car parts are unique and irreplaceable. If not feasible, monetary damages could be pursued.

The recommended legal remedy for Auto Rebuilders Inc. would be to pursue a claim for specific performance, a court order to compel Car Wreckers to follow through on their contractual obligation to deliver the parts if they are unique, and no other adequate remedy, such as monetary damages, is available.

Alternatively, Auto Rebuilders could seek monetary damages for the breach of contract if specific performance is not suitable or enforceable.

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Rewritten by : Jeany

Writ of replevin is best suited for this situation.

Explanation:

It allows Auto Rebuilders to apply to have the parts seized since there was a legal agreement which is now overridden by an illegal arrangement between the supplier and the buyer paying more money.


The court application will seize the goods while making investigations into this matter then provide a ruling once the decision has been reached. Writ of replevin is often used to take property from a person who attained it wrongfully or legally and returns it to the rightful owner.