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Question
R contracts with S to transfer ownership of one of two titled parcels of land: Parcel Suncrest and Parcel Moonrise. R may elect which parcel to deliver and must effect delivery within 60 days. Parcel Suncrest is currently the subject of a pending boundary dispute that prohibits transfer until the dispute is resolved; Parcel Moonrise is free of encumbrances and transferable. Before the 60 days expire, the boundary dispute is resolved in a way that makes Suncrest untransferable in the present form. Moonrise remains available. (a) Identify the doctrinal category governing R's obligation. (b) What remedies does S have after Suncrest becomes unavailable? Can S compel R to deliver Moonrise or pay its value? (c) How does this differ from a facultative obligation?