equitable remedies- injunction/specific performance

Question 1

equitable remedies

Answer 1

are discretionary + ‘‘he who comes to equity must come with clean hands’’

Question 2

injunction

Answer 2

court order instructing someone not to breach a term of their contract

Question 3

usually prohibitory..

Answer 3

instructing someone not to do something

Question 4

can also be mandatory…

Answer 4

requiring a party to do something

Question 5

interim injunctions (temporary)

Answer 5

these are often granted while waiting for a case to heard, or when damages is not an appropriate remedy

Question 6

AB v CD

Answer 6

interim injunction granted because if the case succeeded the court wouldn’t be able to award much compensation as there was a limitation clause in the contract.

Question 7

mandatory injunctions

Answer 7

are rare (specific performance is similar, usually used instead). They will not be awarded for a party to complete a personal service because the court is unable to supervise such an order.

Question 8

Page One Records v Briton

Answer 8

Ds agreed for POR to be their manager for 5 years. They fell out + Ds tried to appoint a new manager.
Injunction will not be awarded for completion of a personal service as court is unable to supervise it.

Question 9

Specific performance

Answer 9

court order which orders one party to perform their contractual obligation, rather like a mandatory injunction - discretionary

Question 10

SP often granted where…

Answer 10

> damages are inadequate e.g. house or rare antique
unlike in Cohen v Roche - C agreed to purchase chairs but D refused to deliver chairs, adequately compensated by damages
damages would only be nominal
Beswick v Beswick

Question 11

SP may not be granted in situations where…

Answer 11

> it would cause hardship
contracts for personal service or employment
contract requires monitoring an ongoing obligation
vague contracts or only nominal consideration was provided
contract was obtained unfairly

Question 12

it would cause hardship

Answer 12

Airport industrial v Heathrow
Patel v Ali

Question 13

Airport industrial v Heathrow

Answer 13

judge was concerned that making an order for SP would inevitably force a company into liquidation

Question 14

Patel v Ali

Answer 14

contracted to sell property when Mrs Patel was healthy, she got bone cancer + heavily reliant on others. SP denied on grounds it would cause hardship if she was required to move out.

Question 15

contracts for personal services or employment

Answer 15

Trade union + labour relations Act 1992
s.2(36) states that SP will not be granted to force someone/ employee to keep working for someone else

Question 16

EXCEPTION: Irani v Southampton

Answer 16

Cs relationship with his employer (NHS) had not broken down. Just his relationship with a senior colleague

Question 17

contracts which require monitoring of an ongoing obligation

Answer 17

court not able to supervise it

Question 18

Co-op Insurance v Argylle stores

Answer 18

Argylle rented a unit to use as a supermarket + agreed to keep it open during usual business hours. Supermarket wanted ti close but co-op asked for a SP order

Question 19

contract was obtained unfairly

Answer 19

'’not coming to equity for clean hands’’

Question 20

Walters v Morgan

Answer 20

D purchased land. C wanted a tie so pressured D into signing the lease before he realised the value of the land. Once D found out true value he refused Cs mine
SP refused C sight to take advantage of Ds ignorance