Contract 10 - Remedies - Equitable

Question 1

What is specific performance and when is it awarded?
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Answer 1

• Requires D to carry out its obligations under a positive term of the contract 🤲
• Only used in exceptional cases, where damages are not an appropriate/adequate remedy 💵❌
• Equitable principles apply ⚖️

Question 2

What is an advantage of specific performance?
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Answer 2

Breach of SP has more severe consequences than breach of contract
🗡️

Question 3

When will specific performance not be awarded?
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Answer 3

Not awarded where:
- it would cause undue hardship 🤒
- no consideration given even by deed 💰

Not awarded for breach of:

• employment contracts, 🧑‍🍳
• constant court supervision required 👨‍⚖️
• contract not binding on both parties 📝↔️

Question 4

What is a prohibitory and interim prohibitory injunction?
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Answer 4

• Prohibitory Injunction: court order restraining a party from breaching a negative term
• Interim: temporary order to protect a party until a matter reaches trial

Equitable principles apply, only granted where
- Just and convenient
AND
- damages not appropriate

Question 5

What is the effect of not complying with an injunction?

Answer 5

Be in contempt of court
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