specific performance & injunctions cases

Cards (59)

  • What is the case name associated with the contract dispute between Johnson and Agnew?
    Johnson v Agnew
  • What did Johnson seek after the buyers failed to complete the purchase?
    Specific performance
  • What happened when the buyers did not comply with the court order?
    Johnson's mortgagees repossessed the properties
  • What did the House of Lords rule regarding specific performance and damages?
    They are not mutually exclusive remedies
  • When should damages be assessed according to the House of Lords ruling?
    When specific performance became impossible
  • What is the case name involving Sky Petroleum and VIP Petroleum?
    Sky Petroleum Ltd v VIP Petroleum Ltd
  • Why did Sky Petroleum seek specific performance from VIP Petroleum?
    To compel VIP to continue supplying petrol
  • What did the court conclude about damages during the oil crisis?
    Damages would not be an adequate remedy
  • Under what circumstances can specific performance be granted for the supply of goods?
    When damages are inadequate and goods are unique
  • What is the case name associated with Patel and Ali's contract dispute?
    Patel v Ali
  • Why did the court refuse to grant specific performance in Patel v Ali?
    It would cause significant personal hardship
  • What did the court emphasize regarding specific performance and hardship?
    It should not cause significant hardship to the defendant
  • What is the case name involving Shell and Lostock Garages?
    Shell UK Ltd v Lostock Garages Ltd
  • What did Lostock claim against Shell regarding their solus agreement?
    It placed them at a serious disadvantage
  • What did the Court of Appeal rule about Shell's enforcement of the solus agreement?
    Shell could not enforce it due to unfairness
  • What is the case name associated with De Francesco and Barnum?
    De Francesco v Barnum
  • Why did the court refuse to enforce the contract in De Francesco v Barnum?
    The contract was too oppressive and unfair
  • What principle did Fry LJ emphasize regarding personal services contracts?
    Courts will not compel personal services under oppression
  • What is the case name associated with Price and Strange?
    Price v Strange
  • What did the Court of Appeal rule regarding specific performance in Price v Strange?
    It could only be granted if damages were inadequate
  • What did the court emphasize about equitable remedies in Price v Strange?
    They are discretionary and not automatic
  • What is the case name involving Co-operative Insurance and Argyll Stores?
    Co-operative Insurance Society Ltd v Argyll Stores
  • Why did the House of Lords refuse to grant specific performance in Co-operative Insurance v Argyll Stores?
    It would compel a business to operate against its will
  • What did Lord Hoffmann emphasize regarding the "keep open" clause?
    It would be oppressive to enforce it
  • What is the case name involving Metropolitan Electric Supply and Ginder?
    Metropolitan Electric Supply Co v Ginder
  • Why did the court grant specific performance in Metropolitan Electric Supply v Ginder?
    The act required was straightforward and clear
  • What conditions allow specific performance to enforce access to land?
    When the act is simple and damages are inadequate
  • What is the case name involving Lumley and Wagner?
    Lumley v Wagner
  • What did Lumley seek against Wagner regarding her exclusive contract?
    An injunction to stop her from singing elsewhere
  • What distinction did the court make regarding enforcing obligations in Lumley v Wagner?
    Enforcing negative duties is acceptable, positive duties are not
  • What is the case name involving Page One Records and Britton?
    Page One Records Ltd v Britton
  • What did the court rule regarding specific performance in Page One Records v Britton?
    Specific performance could not be granted
  • What principle did the court emphasize regarding specific performance in contracts for personal services?
    It cannot be enforced to compel personal services
  • What is not allowed in enforcing personal service contracts?
    Forced labour
  • What is the difference between enforcing positive and negative duties?
    Positive duties cannot be enforced, negative duties can
  • What can courts grant to restrain a breach of a negative obligation?
    An injunction
  • In which case did Page One Records sue Britton?
    Page One Records Ltd v Britton
  • Why couldn't the court grant specific performance to Britton?
    It involved a personal service (singing)
  • What did the court grant to enforce the exclusivity of Britton's contract?
    An injunction to prevent him from singing elsewhere
  • What is the key point regarding courts and negative promises?
    Courts can enforce negative promises