Equitable Remedies (Inj + Spec Performance)

Question 1

Prohibitory Injunction

Answer 1

Prevent a future breach of contract

Question 2

Mandatory injunction

Answer 2

Force them to do something

Question 3

Interim Injunction

Answer 3

Effective until full trial

Question 4

Injunctions not awarded where

Answer 4

• Unfair because it’s a personal service (Page One Records v Britton)
• It would be unfair to the D (Shell v Lostock Garage)

Question 5

Specific Performance mnemonic

Answer 5

DPSILDH
Don’t play silly isa liking DH

Question 6

What is Specific Performance?

Answer 6

A court order compelling one side of the contract to perform their obligations, used at judges discretion (Airport Industrial GP v Heathrow Airport)

Question 7

Sp not awarded when - D (start)

Answer 7

Damages are adequate

Question 8

Sp not awarded - P

Answer 8

Contracts about personal service (Page One Records v Britton)
Employment Contracts (Trade Union and Labour Relations Act 1992)

Question 9

Sp not awarded - S

Answer 9

Court cannot supervise it’s enforcement

Question 10

Sp not awarded - I

Answer 10

Impossibility

Question 11

Sp not awarded - L

Answer 11

Laches - must apply straight away or else assume content with the contract (Leaf v International Galleries)

Question 12

Sp not awarded - D (end)

Answer 12

C been dishonest themself

Question 13

Sp not awarded - H

Answer 13

It would cause hardship (Patel v Ali)