Contract Law -> Specific Performance and Injunctions Flashcards
1
Q
Outline the exemptions and provide their case law
A
- Severe hardship: Patel v Ali [1984]
- Too much court supervision: Cooperative Insurance Society v Argyll Stores [1997]
- Personal Service: De Francesco v Barnum [1890]
2
Q
What is specific performance
A
A remedy used most commonly in the sales of unique goods such as antiques and land.
It is a court compelling order that states the party MUST fulfil their contractual obligation
3
Q
Outline mandatory injunctions
A
A mandatory injunction reverts the contract to its original position before the breach made by the defendant
4
Q
Mandatory injunction case law
A
Luganda v Service Hotels [1969]
5
Q
Outline prohibitory injunctions
A
A prohibitory injunction covers a situation where there is a negative contract or stipulation
6
Q
Prohibitory injunction case law
A
Metropolitan Electric Supply Company v Ginder [1901]
7
Q
Consequence of ignoring an injunction
A
The transgressor will be held in contempt of court
