Laclede Gas Co. V. Amoco Oil Case Summary

Under the UCC, the buyer’s right of specific performance is granted only where the goods are unique or proper circumstances. It has to pass the uniqueness test and other proper circumstances test. It is the extraordinary remedy where the monetary remedy or damages are not enough for the loss of the buyer. The court has the discre-tionary power to grant the specific relief if it thinks fit.
Specific performance includes a right to obtain substitute goods from other market and the right to ask the seller to tender the goods. Specific performance is ap-plied when the buyer cannot buy from other marketplaces of such goods identified to the contract after reasonable effort he is unable to get such goods from other sources or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered.
In Colorado-Ute Electric Ass'n v. Envirotech Corp, a specially designed pollu-tion-control device “unique” and “essentially irreplaceable” once installed. This despite the fact that five other companies had initially bid on the project. No showing was made …show more content…
It falls under the category of “other proper circumstances”. In Laclede Gas Co. V. Amoco Oil Co., the dispute involved a long-term requirements contract for the delivery of pro-pane. In remanding the case with instructions to enter a decree of specific performance, the court found that propane was readily available on the open market. No evidence was presented to show that the quantity available was insufficient to satisfy the buyer’s re-quirements. The court also accepted expert testimony that the buyer “probably” could not obtain another long-term contract. Determining that the buyer would face “consid-erable expense and trouble” in obtaining new contracts, the court held that specific per-formance was the proper