Equitable Remedies

Question 1

Definition?

Answer 1

Equitable remedies are awarded where damages are inadequate, they are awarded at the discretion of the Court.

Question 2

Injunction: Rule?

Answer 2

An Injunction in contract law is a court order instructing someone to not breach a term of a contract.

Or

Prohibitory injunctions in employment contracts to prevent an employer firing an employee - Irani v Southampton.

An injunction can be temporary, for example until a full trial, a temporary injunction is called an interim injunction.

Question 3

Injunction: Exceptions - Situation where injunction will not be awarded: Supervise?

Answer 3

Page One Records LTD v Britton - An injunction will not be awarded where the courts have to supervise the injunction.

Question 4

Injunction: Exceptions - Situation where injunction will not be awarded: Unfair on defendant?

Answer 4

Shell v Lostock Garage - An injunction will not be awarded where it is unfair on the defendant.

Question 5

Specific Performance: Definition?

Answer 5

The equitable remedy is the opposite of a prohibitory injunction. It is a court order compelling someone to do something. It is awarded at the Court’s discretion.

Question 6

Specific Performance: Rule?

Answer 6

Will be awarded where
Where damages are inadequate/nominal - Beswick v Beswick.

For unique Property such as land.

Question 7

Specific Performance - Exceptions: Court Moniter?

Answer 7

Page One Records LTD v Britton - In contracts which require the court to monitor the specific performance of remedy.

Question 8

Specific Performance - Exceptions: Unfair?

Answer 8

Patel v Ali - Where it would be unfair on the defendant.

Question 9

Specific Performance - Exceptions: Obtained unfairly?

Answer 9

Walters v Morgan - Where the contract was obtained unfairly through taking advantage of another party’s mistake.