Equitable Remedies Flashcards
1
Q
What are the 2 different equitable remedies
A
Specific performance
Rescission
2
Q
What are equitable remedies given instead of
A
Damages
3
Q
What is the remedy of specific performance
A
An order from court for a contractural party to perform their contractural obligations where they refused to
4
Q
When is specific performance not available
A
Where:
- contract involves personal service
- courts cant supervise performance
- its impossible to perform obligations
5
Q
What is rescission
A
Where the party is returned to the position they were in before the contract was made
6
Q
Where is rescission not possible
A
Where:
- the return to pre-contractural position isn’t possible
- 3rd party rights would be infringed
- there’s a lapse of time
- c has affirmed contract
