Ecquitable remedies

• What are remedies?

  orders by the court
• When are remedies used?

  where damages are insufficient and would not achieve justice
• What are ecquitable remedies useful for?

  where the contract concerns something unique
• When would ecquitable remedies not be used?

  for something general as damages would be more appropriate
• What does ecquitable remedies allow for the innocent party?

  allows the party to make a new contract for the same thing with someone else
• It is at the discretion of the court with no automatic right.
• What are the 2 types of remedies?

  Specific performance and injunction
• The remedy is not allowed to do what?

  cannot disadvantage or cause hardship to the other party
• When will an order be granted?

  only if it brings the matter to an end as the court cannot supervise or review the contract later
• What is specific performance?

  courts order one party to perfom their contractual obligation
• What does specific performance do?

  forces the contract to be fulfilled
• To what contracts does specfic performance apply?

  goods not services
• Why is specific performance not allowed for services?

  because it would force the court to oversee performence and result in further hearings
• Specific performance is only allowed if it doen't disadvantage or cause hardship to the party being forced to perform
• What happened in Airport Industrial GP v heathrow Airport?

  forcing specific performance would have resulted in the company going into liquidation
• What is an injunction?

  an order that instructs D not to breach the contract
• What are the 2 types of injunction?

  prohibitory and mandatory
• What is prohibitory injunction?

  orders the party to not do something
• What is mandatory injunvtion?

  recquires a party to do something
• Injunction is similar to specific performance
• Why won't injunction apply to services?

  because it would recquire the court to oversee and be invovled
• What does inunction must do?

  needs to bring the matter to an end
• What happened in Page One Records v Britton?

  C sought to enforce a term for the reminder of 5 years through a prohibitory injunction but it failed as it would prevent D from working in this period

  not allowed to disadvanatge the party or put them into hardship
• What is a case example of specific performance?

  Airport Industrial GP v Heathrow Airport
• What is a case example of injunction?

  Page One Records v Britton