remedies: specific performance and injunctions

• What principle must one adhere to when seeking equity?

  He who comes to equity must come with clean hands
• What was the agreement between Shell and Lostock in the case Shell UK Ltd v Lostock Garages Ltd?

  Shell would supply petrol and oil to Lostock
• What was the outcome when Lostock sought another supplier after Shell's price reduction?

  The court held the agreement was unreasonable
• What did Ormrod LJ state about specific performance in Shell UK Ltd v Lostock Garages Ltd?

  It must be just and equitable to grant it
• Are contracts for personal services specifically enforceable?

  No, they are not specifically enforceable
• What is prohibited by statute in contracts of employment regarding personal services?

  Forcing a person to work, akin to slavery
• What was the main issue in De Francesco v Barnum?

  The provisions of the apprenticeship deed were unreasonable
• What did Fry LJ emphasize regarding contracts of service in De Francesco v Barnum?

  Courts should avoid turning contracts into slavery
• What did Lord Diplock state about injunctions in Scandinavian Trading Tanker Co. A.B. v Flota Petrolera Ecuatoriana?

  They are indistinguishable from specific performance
• What is the principle of mutuality in specific performance?

  It won't be ordered if unavailable to both parties
• What was the outcome in Price v Strange regarding specific performance?

  The Court of Appeal ordered specific performance
• What did Buckley LJ state about equitable jurisdiction in Price v Strange?

  Equity won't compel performance without mutual obligations
• What was the main issue in Cooperative Insurance Society Ltd v Argyll Stores (Holdings) Ltd?

  The defendants closed a supermarket prematurely
• Why did the court refuse specific performance in Cooperative Insurance Society Ltd v Argyll Stores?

  It would prolong a hostile relationship
• What did Lord Hoffman state about the purpose of contract law in Cooperative Insurance Society Ltd v Argyll Stores?

  To satisfy expectations, not punish wrongdoing
• What are injunctions in legal terms?

  Orders to refrain from or perform specific acts
• What are the two types of injunctions?

  Prohibitory and mandatory injunctions
• What does a prohibitory injunction do?

  Prevents someone from doing something
• What was held in Metropolitan Electric Supply Company v Ginder regarding energy supply?

  It was a contract not to take energy from others
• What was the main issue in Lumley v Wagner?

  Wagner's exclusive singing contract at a theatre
• What did Lord St Leonards LC state about the injunction in Lumley v Wagner?

  It compels abstaining from a prohibited act
• What was the outcome in Warner Bros v Nelson regarding Bette Davis's contract?

  An injunction was granted against her
• What was the main issue in Page One Records Ltd. v Britton?

  The group sought to engage other managers
• What was held regarding the interlocutory injunction in Page One Records Ltd. v Britton?

  It enforced performance of a personal services contract
• What was the agreement in Araci v Fallon regarding horse riding?

  Fallon had obligations to ride Araci's horse
• What was the outcome of the injunction in Araci v Fallon?

  The injunction was granted against Fallon
• What did Lord Justice Jackson state about damages in lieu of an injunction?

  They would not be an adequate remedy
• What was the main issue in Sunrise Brokers LLP v Rodgers regarding employment contracts?

  Rodgers sought to work for a competitor
• What was the court's decision regarding the injunction in Sunrise Brokers LLP v Rodgers?

  The court refused to grant the injunction
• What is a mandatory injunction used for?

  To restore the position before a breach
• What was the main issue in Luganda v Service Hotels?

  The plaintiff was wrongfully evicted from a room
• What was held regarding the plaintiff's claims in Luganda v Service Hotels?

  The plaintiff was entitled to more than damages
• What was the duration of the non-compete clause for Rodgers after termination?

  Six months
• Why did Sunrise refuse to accept Rodgers' resignation?

  They did not want him to leave immediately
• What was the outcome of Sunrise's attempt to stop Rodgers from working for a competitor?

  The court denied the injunction request
• What principle did the court apply regarding injunctions against employees?

  An injunction should not compel continued employment
• What are mandatory injunctions used for?

  • To restore the position before a breach
  • Example: Reinstating a wrongfully evicted tenant
• What was the case name involving a tenant wrongfully evicted by a landlord?

  Luganda v Service Hotels
• What was the outcome of the Luganda v Service Hotels case?

  The plaintiff was granted a mandatory injunction
• What does Section 50 of the Senior Courts Act 1981 allow the court to do?

  Award damages in addition to injunctions