Equitable and other Remedies Flashcards
What is an action for an agreed sum?
Suing for a fixed amount of money that is owed
When to use action for agreed sum
Fixed amount of money paid
What is specific performance?
An equitable remedy where the claimant asks the court to make the defendant perform the contract
What is an injunction?
An equitable remedy where damages are inadequate
Restrains the defendant from doing what they agreed to do.
What is a claim in restitution?
A remedy preventing a party being enriched at the expense of another.
When can restitution be claimed?
- No consideration - One party pays money and receives nothing in return
- Work done/goods supplied - One party does work/supplied goods but other party breaches contract or no contract formed
Can restitution be claimed if the payee partially performs?
No, restitution is only available for total failure of consideration. Partial performance allows only a claim for damages.
What remedy is available if a painter starts but doesn’t finish a job?
Damages
What is quantum meruit?
A ‘reasonable sum’ for work done/goods supplied.
Cases where no contract or contract breached.
When can quantum meruit be claimed? [reasonable sum]
The contract is breached after work is done or goods are supplied.
Work is done or goods are supplied before a contract is finalised and no contract is formed.
What is a contract of guarantee?
The guarantor guarantees that if another person does not pay the money back then they will pay instead
What does a contract of guarantee need to be evidenced by:
writing
What is an indemnity?
Creates a primary obligation where one party promises to reimburse pound for pound the other party.
‘I will ensure you’re paid’
Calculating damages
What you actually paid - What you should have paid
Restitutionary Damages
Use when a release fee is negotiated
