equitable remedies

• what are remedies 


  order of the court for someone who has suffered loss due to breach

  aim is to put the C in a position as if the contract was properly performed

  3 Types: statutory (CRA2015), legal (damages) and equitable (injunctions and specific performance)
• when are equitable damages awarded

  where damages are inadequate or if there is no justice with just damages. They are discretionary
• What are the injunctions

  Prohibitory - to not do something

  Mandatory - orders are party to do something
• when are injunctions not awarded

  contracts for personal service, where court cannot supervise (Page One Records V Britton)

  when unfair on the defendant (Shell V Lostock Garage)
• When can specific performance be awarded

  damages are not appropriate remedy

  no satisfactory substitute can be found eg for unique property such as land and art

  where damages will be nominal (Beswick V Beswick)
• When can specific performance not be awarded part 1

  Where damages would be adequate - substitute can be found damages can be given

  Contracts for personal/service/employment - S.236 Trade Union and Labour Relations Act 1992, court cannot compel an employee to do any work or attend any place of work via SP or injunction (Page One Records V Britton) exception if relationship not broken down (Irani V Southampton AHA)
• When can specific performance not be awarded part 2

  court cannot supervise the enforcement of contract (Page One Records V Britton)

  impossibility - D cannot perform obligation or can only do so illegally

  where D cannot perform contract or when they are not sure that they can
• When can specific performance not be awarded part 3

  Where it will cause hardship (Patel V Ali)

  C's conduct - dishonest behaviour. 'he who seeks equity must do equity'

  Laches - delay in getting their remedy, this shows C was content with the contract (Leaf V International Galleries)