Advanced Topics

Question 1

What are injunctions? Give two examples of injunctions.

Answer 1

Injunctions are court ordered restraint from a specific activity.
PROHIBITORY: stops future breach of contract
MANDATORY: compel D to undo work

Question 2

What is a repudiatory breach? What are two exceptions to this?

Answer 2

• Future discharge from contract (rescission)
  ?Must have assent/co-operation of other party
  ?If other party has no legitimate expectation in performing

Question 3

What is an ‘efficient breach’

Answer 3

If economical to breach one contract in order to take another lucrative one.
Is this acceptable?

Question 4

What interests are protected by damages?

Answer 4

• Performance interest
• Reliance interest
• Restitutionary interest

Question 5

What are some principles of the boundary between performance interest/reliance interest?

Answer 5

• Can claim money spent before
• Must guard against bad bargain termination
• Can’t claim reliance loss if
  a) would not recoup expenses
  b) if D could not prove profits

Question 6

When can specific performance be enforced/not be enforced?

Answer 6

✅Inadequacy of other remedies
✅Uniqueness of subject matter
✅Discretion
?Not sufficiently clear
?Requires personal service

Question 7

“May be expected to impose civil penalties” (contract does not do this)

Answer 7

FARNSWORTH

Question 8

Give two cases involving repudiatory breaches.

Answer 8

• White + Carter v McGregor: Lord Reid: innocent party can reject repudiation
• Hounslow v Twickenham Garden Dev Ltd: painting example

Question 9

Give two cases concerning injunctions.

Answer 9

• Lumley v Wagner: ‘abstain from commission of act’

- Warner Bros v Nelson: Bette Davis - wouldn’t stop performing ANY work