equitable remedies

    Cards (8)

    • 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)