equitable remedies Flashcards
what are equitable remedies?
remedies for the breach of contract
what are the equitable remedies?
specific performance, injunction, rescission and promissory estoppel
what is specific performance?
an order from the court to one of the parties to perform his part of the contract in accordance with the terms of the contract
when is specific performance available?
in addition to damages but will not be granted of damages provide an adequate remedy, only if the other party can also obtain performance
when is specific performance not available?
where the contract requires a personal service, will not be granted if the order would require constant supervision of the court to ensure that the defendant was complying
what is an injunction?
a court order prohibiting one party from acting in breach of a contract
when will an injunction not be granted?
if it would have the same effect as an order for SP in circumstances where SP would not be available
what is rescission?
`the contract is set aside and treated as if it had never come into existence.
what are the bars to rescission?
undue delay, impossible to return parties to original positions, affirmation (aware of the facts he accepts the contract), a third party has acquired an interest in the goods
what is promissory estoppel?
stops the promisor from going back on his word, even though he received no consideration in return, if it would be unfair to allow him to do so
what are the elements of promissory estoppel?
clear promise, promisee has relied on the promise, promisee can only use the doctrine as a defence to a claim made against them and it is inequitable to renege on the promise
