Chapter 3: Equitable Remedies Flashcards
When will equitable remedies not be granted?
Damages are not an adequate remedy.
The claimant has acted unfairly.
The claimant has unduly delayed bringing an action to court.
What is an order for specific performance?
An order to the defendant to perform his or her part of the contract.
What is an example of specific performance being granted?
Sale of land: each piece of land is unique.
Sale of goods that are unique and irreplaceable.
When will specific performance not be awarded?
To enforce a contract for personal services.
If it requires the supervision of the court.
What is an injunction?
An injunction is an order for a person to do or not to do something.
What are the three types of injunction?
Mandatory Injunction
Prohibitory Injunction
Asset-freezing Injunction
What is a mandatory injunction?
This is a direction for a party to take positive steps to undo something he or she has already done in breach of contract.
What is a prohibitory injunction?
This requires the defendant to observe a negative promise in a contract.
When will a prohibitory injunction not be enforced or granted?
It would not be enforced to make a person work for another.
It would not be granted if their impact would cause undue hardship.
What is an asset-freezing injunction?
This prevents the defendant from dealing with assets.
Facts of ‘Warner Bros v Nelson (1936)’
Nelson breached her contract with W not to act for anyone except them.
She agreed to make a film for a UK company.
Held in ‘Warner Bros v Nelson (1936)’
An injunction was granted to stop her from working for the rival company.
