equitable remedies- injunction/specific performance Flashcards
equitable remedies
are discretionary + ‘‘he who comes to equity must come with clean hands’’
injunction
court order instructing someone not to breach a term of their contract
usually prohibitory..
instructing someone not to do something
can also be mandatory…
requiring a party to do something
interim injunctions (temporary)
these are often granted while waiting for a case to heard, or when damages is not an appropriate remedy
AB v CD
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.
mandatory injunctions
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.
Page One Records v Briton
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.
Specific performance
court order which orders one party to perform their contractual obligation, rather like a mandatory injunction - discretionary
SP often granted where…
> 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
SP may not be granted in situations where…
> 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
it would cause hardship
Airport industrial v Heathrow
Patel v Ali
Airport industrial v Heathrow
judge was concerned that making an order for SP would inevitably force a company into liquidation
Patel v Ali
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.
contracts for personal services or employment
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