Equitable remedies

• describe equitable remedies

  Equitable remedies are awarded where remedy of damages is inadequate, and justice wouldn't be served merely by damages. No right to this but is available at discretion of the court
• what is an injunction?

  Court order instructing someone not to breach a term in a contract, but it wont be ordered if it is unfair on the defendant
• Injunction wont be ordered if unfair on defendant

  Shell v lostock garages
• Injunction also wont be ordered where party has to complete personal service and order would become a specific performance order

  page one records v britten
• courts will not force working relationships, where constant supervision is required for an injunction then only damages would be adequate/no injunction

  Warren v Mendy
• what is a specific performance order?

  Opposite of injunction = orders party to perform contractual obligation
• when can specific performance be ordered?

  1. Where damages are inadequate, e.g for unique property such as land, paintings etc
  2. Where damages would only be nominal (enough)
• specific performance may be ordered where damages would only be nominal (although case still failed due to privity)

  Beswick v beswick
• what are specific performance orders ONLY for?

  One-off contracts not ongoing obligations
• specific performance orders CANT be ordered for:

  1. Contracts for personal services or employment, although there is exception where the relationship with the employer hasn't broken down
  2. Contracts requiring monitoring of an ongoing obligation
  3. Vague contracts where other party has only paid nominal consideration OR where it would cause hardship/injustice
• wording of contract may not allow injunction or specific performance order, as well as if it is an ongoing obligation

  Ryan v mutual tontine
• specific performance cannot be ordered where it would cause "hardship amounting to injustice"

  Patel v Ali
• specific performance cannot be awarded where contract easy obtained unfairly or through taking advantage of the other party's mistake

  Walters v Morgan
• what remedies does consumer rights act 2015 provide for supply of goods?

  1. s.20 short term right to reject
  2. s.23 right to repair or replacement
  3. s.24 right to a price reduction or final right to rejection
• what remedies does consumer rights act 2015 provide for supply of services?

  s.55 - repeat performance

  s.56 - right toa price reduction