equitable remedies- injunction/specific performance Flashcards

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1
Q

equitable remedies

A

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

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2
Q

injunction

A

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

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3
Q

usually prohibitory..

A

instructing someone not to do something

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4
Q

can also be mandatory…

A

requiring a party to do something

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5
Q

interim injunctions (temporary)

A

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

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6
Q

AB v CD

A

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.

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7
Q

mandatory injunctions

A

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.

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8
Q

Page One Records v Briton

A

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.

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9
Q

Specific performance

A

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

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10
Q

SP often granted where…

A

> 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

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11
Q

SP may not be granted in situations where…

A

> 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

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12
Q

it would cause hardship

A

Airport industrial v Heathrow
Patel v Ali

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13
Q

Airport industrial v Heathrow

A

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

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14
Q

Patel v Ali

A

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.

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15
Q

contracts for personal services or employment

A

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

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16
Q

EXCEPTION: Irani v Southampton

A

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

17
Q

contracts which require monitoring of an ongoing obligation

A

court not able to supervise it

18
Q

Co-op Insurance v Argylle stores

A

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

19
Q

contract was obtained unfairly

A

'’not coming to equity for clean hands’’

20
Q

Walters v Morgan

A

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