EQUITABLE REMEDIES

Question 1

Specific performance

Answer 1

Conditional contract for purchase, sale of undeveloped land near Wonderland – unique, special location – no alternatives – defendant breaches contract, sale falls through – specific performance for sale and purchase of land? – John E Dodge Holdings v 805062 Ontario p.944

Question 2

Injunctions

Answer 2

Warner enters contract with actress; she will render exclusive services as actress to Warner – if she fails, Warner has right to extend term for her services for period equivalent to period of failure to perform the services – actress stops performing under agreement, leaves country, signs with UK party – Warner seeks injunction to restrain actress from acting anywhere else/for anyone else, in breach of contract – Warner Bros v Nelson p.951

Question 3

Interim, interlocutory injunctions

Answer 3

Application for interlocutory injunction to enforce non-competition clause – test for when interlocutory injunctions should be awarded – Zipper Transportation Services v Korstrom p.958