Equitable Remedies

• Injunctions

  • Prohibits someone interfering with the rights of another
  • Most common is a prohibitory injunction which instructs someone not to do something, breach of this will lead to further sanctions
  • Interim injunctions are temporary
  • Mandatory injunctions instruct parties to do something - Page One Record v Britton
  • Can be granted to prevent a contract being breached
  • Can't be granted when it is unfair on the defendant - Shell v Lostock Garage
• Specific performance

  • Instructs a party to do something, this will only be awarded if it is fair on the parties
  • Granted for unique items/situations
  • Can be granted when damages are inadequate or when they would be nominal
  • Cannot be granted when the contract is vague, consideration is nominal, when it would lead to unfair outcomes on D or for personal services
• Remedies under Consumer Rights Act 2015

  • Consumers: s.20 - right to reject, s.23 - right to replacement, s.24 - right to price reduction
  • Traders: Seller has right to retain goods until buyer pays for them, seller has right to regain possession of goods in cases of 'insolvency'