Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

E + T Exams Cards > Equitable Remedies > Flashcards

Equitable Remedies Flashcards

1
Q

What are the 6 categories of equitable remedy?

A 
Specific performance
IMI
IPI
Freezing order
Search order
Account of profits
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 4 types of injunctive relief?

A 
Prohibitory injunction
Interim prohibitory injunction
Mandatory injunction
Interim mandatory injunction
* Some of these are available with and without notice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Will an contract for land be obligated under SP?

A

Yes as unique - Verral v Great Yarmouth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When will a contract for property be enforced with SP?

A
  • If the property is unique

- If damages would not suffice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Pusey v Pusey

A

King Canute’s hunting horn is unique

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Falcke v Gray

A

Ming vase judged to be unique as item of ‘unusual beauty, rareity and distinction’ so would be very hard to obtain elsewhere

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Cohen v Roche

A

SP for Hepplewhite Chairs not obligated as classed as ‘an ordinary article of commerce’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Behnke v Bede

A

SP possible if the item has a ‘unique value to the claimant’ - In this case a bespoke ship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Sky Petroleum v VIP

A

Due to OPEC oil crisis property could not be obtained elsewhere so damages were insufficient to remedy breach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Neville v Wilson

A

Stocks and shares not on market were judged a personalty so SP was available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When will the court use SP to enforce a contract for services?

A
  • Verral v Great Yarmouth;
  • Where damages unquantifiable so inappropriate
  • Where no alternative service so judged to be unique
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Co-op v Argyll Stores

A

SP will not be granted where it would require constant supervision as the court would be required to provide a series of indefinite quasi-criminal rulings for contempt of court

  • This would overburden the courts
  • lord hoffman
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Ryan v mutual tontine

A

A contract will not be enforced where it would require ‘constant supervision’
- if it is a one off contract the courts may enforce it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

De Francesco v Barnum (in relation to contract for services)

A

Equity will not enforce contracts where it would be akin to enforcing a contract for slavery. However whether this is a contract for slavery is a question of nature of the services and payment - LJ Fry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

CH Giles v Morris

A

Equity will not enforce performance where it would result in imperfections in performance. Equity will not act in vain. Megarry J provided the example of a singer. it would be hard to enforce such a contract as the singer could perform very poorly and this would still be performance of the contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Will equity enforce a contract for employment?

A

No - S236 TULRA 1992

De Francesco v Barnum - Equity will not enforce a contract for slavery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What general defences are there to a grant of SP?

A

Mutuality - Lumley v Ravenscroft
Clean hands - Coatsworth v Johnson
Delay - Eads v Williams
Hardship - Patel v Ali

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Quia timet

A

A pre-emptive injunction for where a right will be infringed imminently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

General defences to the award of an injunction

A

Claimants conduct - Measures v Measures
Delay - Bulmer v Bolinger
Acquiescence - Shaw v Applegate
Hardship - Maythorn v Palmer (hardship to 3rd party)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Prohibitory injunction

A
  • Awarded at the discretion of the court
  • Will not be awarded i f damages are adequate
  • Will not be awarded if breaches an equitable maxim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Mandatory injunction

A
  • Awarded at discretion of the court

- Rare remedy as most IMI are better awarded as SP of an obligation under a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How is an IPI awarded?

A

American Cyanamide guidelines;

  • Claim is not frivolous or vexatious
  • Where does the balance of convenience lie? (damages/undertaking/ability to pay)
  • If no balance of convenience then maintain the status quo
23
Q

Morning Star v Express Newspapers

A

Frivolous or vexatious claim will be rejected

24
Q

Other factors the court will consider in awarding an IPI;

A
  • Loss of employment - Fellows and Son v Fisher
  • Damage to goodwill of a business - Associated Newspapers v Insert Media
  • Closing down of a business - Potters-Ballotini v Weston-Baker
  • Preserving a substantial investment - Catnic v Stressline
25
Q

Garden Cottage v MMB

A

Maintenance of status quo will generally mean undoing the last act

26
Q

Cambridge Nutrition v BBC

A

If a trial is unlikely to ever occur then the courts will not award an IPI

27
Q

How is an IMI awarded?

A

Shepherd Hoems v Sandham (as approved in Locabali v Agroexport)

  • Requires high degree of assurance that at trial a mandatory injunction will be granted
  • SP can only be granted at full trial, so in some ways can be regarded as a pre-emptive SP where it is very likely SP will be granted
28
Q

Page One Records v Britton

A

The Troggs (band) terminated a contract of employment and employee sought an injunction to prevent termination. Not granted as to grant injunction would be similar to granting SP, which is not possible for contracts of employment. Therefore injunction will not be granted where SP would not be granted

29
Q

Evans v BBC

A

IMI granted as SP would be too slow. SP likely as contract for service from BBC was judge to be unique in a similar vein to Verral v Great Yarmouth

30
Q

Capita Trust v Chatham Maritime

A

IMI granted requiring acceptance of M & S tenancy as this was contracted and would be granted under SP as it is land so unique

31
Q

How is a search order granted?

A

Anton Pillier v Manufacturing Proecsses

  • Extremely strong prima facie case
  • Very serious damage
  • Clear evidence of incriminating documents in possession and real possibility of destruction
32
Q

Lock v Beeswick

A
  • Evidence of defendant’s dishonesty and fraud can be used as tangential evidence that they will destroy/dissipate the asset.
  • In the actual case search order overturned as appelants not judged to be ‘fly by night pirates’ but people with jobs and mortgages
  • Hoffman - there is a need for a proportionality consideration of the perceived threat and the potential measures
33
Q

Chappell v UK

A

Search orders not an art 8 infringement as there are appropriate safeguards in place. The defendant can also challenge the search order

34
Q

EMI v Pandit

A

Search order granted

35
Q

How is a freezing order granted?

A

Derby v Wheldon

  • Good arguable case
  • Grounds for believing D has the relevant assets
  • Risk of dissipation
36
Q

Ninemia

A
  • Not a calculation of 51% probability of success

- The case must be more than capable of serious argument

37
Q

Re BCCI

A

Can pursue assets which are not in the jurisdiction (however pursue assets in the jurisdiction first)
Courts will not grant a freezing order in other jurisdictions if it would be unduly oppressive

38
Q

Customs v Anchorq

A

Must be a good arguable case that the items will be dissipated

39
Q

Derby v Wheldon

A

Objective assessment of risk of dissipation

40
Q

JSC BTA Bank v Ablyazov

A

Risk of dissipation can be judged from evidence of misappropriation

41
Q

Law Society v Shank

A
  • Third parties must be informed of a freezing order

- Violation of a freezing order will be a contempt of court

42
Q

LTD v A-Z and AA-LL

A

Living expenses granted udner freezing order

43
Q

Third Chandis

A

Claimant should disclose all material matters in a ‘without notice’ application. State points which could be made agaisnt application
- Debt dodger is seen as a dishonest person

44
Q

Fourie v Le Roux

A

Freezing order without notice granted if substantive proceedings have been issued

45
Q

Boardman v Phipps

A

Profits from use of property may be recovered

46
Q

Mothercare v Robson

A

For an IPI the case must have some chance of success

47
Q

AG v Guardian

A

IPI likely to be granted to prevent publication, as injunction not possible once published. Equity will not act in vain

48
Q

Columbia Pictures v Robinson

A

Only allowed to take specific items in search order

49
Q

Adderly v Dixon

A

Specific performance is only granted where damages are inadequate

50
Q

Day v Brownrigg

A

Equitable or legal right must be infringed

51
Q

Argyll v Argyll

A

Breach of confidence as basis for equitable remedy

52
Q

Defrancesco v Barnum (2)

A

Contract not enforced as;

  • length of contract - 7 years
  • subjects of contract not allowed to marry
  • or enter into employment without consent
53
Q

Giles & Morris (slavery)

A

Court will not enforce contract for slavery
- Slavery judged from day to day impact on the person
- factors;
Proximity
Control
Relationship breakdown
Length of contract

E + T Exams Cards (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions