Equitable Remedies: Specific Performance

Question 1

If the subject matter of the contract cannot be obtained on the open market or is unique in some way, damages may be inadequate (petrol in short supply)

Answer 1

Sky Petroleum v VIP Petroleum

Question 2

damages are likely to be inadequate where a contract is for ordinary consumer products

Answer 2

Cohen v Roche

Question 3

The court will refuse to award specific performance where constant supervision is required - “keep open” covenants

Answer 3

COOP Insurance Society v Argyll Stores

Question 4

The court will refuse to award specific performance where constant supervision is required - contracts for personal services

Answer 4

Giles v Morris

Question 5

Defence to specific performance - absence of writing for contracts involving land

Answer 5

S2 LP(MP)A 1989

Question 6

Defence to specific performance - lack of fairness or inequitable conduct by the claimant

Answer 6

Coatsworth v Johnson

Question 7

Defence to specific performance - hardship

Answer 7

Patel v Ali

Question 8

Damages can be awarded in lieu of or in addition to specific performance

Answer 8

S50 Senior Courts Act 1981

Question 9

House of Lords held that the date on which damages should be assessed did not have to be the date of the breach of contract but might, particularly in relation to land, be the date of the judgement

Answer 9

Johnson v Agnew

Question 10

A third party may enforce a term of a contract where the contract is made after May 2000 and there is:

• an express provision for this in the contract or
• the term purports to confer a benefit on a third party

Answer 10

S1 Contracts (Rights of Third Parties) Act 1999