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contract part 3 > REMEDIES > Flashcards

REMEDIES Flashcards

1
Q

specific performance in them context of remedies

A
  • requires you to do what the contract requires you to do
    -primary remedy
  • context is important
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2
Q

injunction remedies

A

-court order aimed at preventing a party from breaching the contract further

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3
Q

two types of injunction remedies

A

prohibitory
mandatory

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4
Q

prohibitory injunction

A

orders party to refrain from actions that violate the terms of the contract

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5
Q

e.g of prohibitory injunction

A

Clegg v hands

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6
Q

Clegg v hands FACTS

A

BEER
- H had negotiated contactual obligations with C to not sell beer not provided by C
- C sued to objection to stop H from selling beer to other sellers

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7
Q

Clegg v hands HELD

A
  • granted prohibitory injunction, stopping selling of unauthorised beer
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8
Q

mandatory injuction

A

requires party to undo actions taken in BOC’
- courts reluctant to grant over prohib

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9
Q

e.g of mandatory injuction

A

cHarrington v simons

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10
Q

cHarrington v simons facts

A

ORCHARD ROAD
-C sold part of orchard to S
- contract prohibited S from resurfacing track that was used for access of certain vehicles on to the orchard
- S BOC as resurfaced the land

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11
Q

cHarrington v simons HELD

A

-court ordered a mandatory injuct for S to remove the surface and restore the property 2 the original state as per the terms of the contract

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12
Q

equitable remedies are

A

at the discretion of the courts

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13
Q

general rule one

A

the default remedy for BOC of positive obligations is damages

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14
Q

when is SP available

A

when damages are inadequate, subject to any disqualifying factors

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15
Q

e.g of when is SP available

A

contract for sale of land
- sp the primary remedy for land as it is unique and cannot be compared to the value of money

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16
Q

e.g of when is SP available case

A

forman v hazard

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17
Q

forman v hazard

A

SP may be refused if the land has been transferred w/o the purchaser being aware of the prior interest

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18
Q

e.g of when is SP NOT available

A
  • sp cannot be granted for personal services as most of these contacts are based on trust. you cannot force an athlete to perform at their best if they don’t want to
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19
Q

general rule 2

A

breach of negative obligations the remedy is injuction as damages are usually inadequate

20
Q

example of general rule 2

A

Lumley v Wagner

21
Q

Lumley v Wagner fACTS

A

THEATRE
- W signed contract with L to sing exclusively at his theatre but soon repudiated as was offered a better price to sign. L sued, seeking SP

22
Q

Lumley v Wagner HELD

A
  • courts rejected the SP, instead granted injunction, preventing W from performing elsewhere
23
Q

6 Bars to equitable remedies

d
p
l
h
u
c

A
  1. damages are inadequate
  2. plaintiff acted inequitably
  3. lack of mutuality
  4. hardship 2 defendant
  5. unreasonable delay
  6. constant super vision
24
Q

6 Bars to equitable remedies - damages are adequate

A

1

  • even if they are inadequate they can still be rejected
25
Q

6 Bars to equitable remedies -plaintiff acted inequitably case

A

2

Walter v Morgan

26
Q

6 Bars to equitable remedies - lack of mutuality

A

3

sp not granted unless it could also be ordered against the plaintiff if they were in breach

27
Q

6 Bars to equitable remedies-hardship 2 defendant

A

4

where the defendant experiences hardship and reflects on the breach

28
Q

6 Bars to equitable remedies-unreasonable delay

A

5

delay must be unreasonable to preclude remedies

29
Q

6 Bars to equitable remedies-constant super vision

A

6

will the request of SP require constant supervision from the courts which will clog system and be unnecessary

30
Q

Walter v Morgan facts

A

MINERALS ON LAND
valuable minerals on M land and W had right to mind the land. M then realise value of land and minerals and claimed misrep

31
Q

Walter v Morgan held

A

W didn’t mislead M about value of the land however he did rush M into the contract so was unconscionable
- W declined SP as there was inequitable conduct

32
Q

6 Bars to equitable remedies - lack of mutuality cases

A

stocker v Wedderburn
AG for England and Wales v R

33
Q

stocker v Wedderburn facts

A

JOINT VENTURE
joint venture, stocker provided personal services
- W breached by refusing to invest
- S claimed SP

34
Q

stocker v Wedderburn held

A
  • sp was denied as S personal services were not enforceable and lacked mutuality as sp couldn’t enforce his personal services
35
Q

AG for England and Wales v R facts

A

book publication

confidentiality breach by ex-special forces member and brit govt sought injuction to prevent book publication
- sought for SP

36
Q

AG for England and Wales v R

A
  • sp denied as there was unable to be mutuality in employment contact, the courts cannot enforce as r could not enforce any promise of continuing employment
37
Q

6 Bars to equitable remedies-hardship 2 defendant case

A

Patel v ali

38
Q

Patel v ali FACTS

A

CANCER
- Patels contracted to buy land from Ali but performance was delayed
- Mrs A got cancer, Mr A went bankrupt and sent too prison, trustee sent back to Pakistan
- P sought transfer 4 years after the settlement date

39
Q

H2D Patel v ali HELD

A
  • sp was not granted due to hardship in heath and her reliance on neighbours therefor it would be injust
40
Q

6 Bars to equitable remedies-unreasonable delay case

A

Patel v ali

41
Q

UD Patel v Ali held

A

court refused SP as they found the delay in request combined with the unforeseen changes made it unfair

42
Q

6 Bars to equitable remedies-constant super vision CASE

A

co-operative Ins Soc Ltd v Argyll Stores

43
Q

co-operative Ins Soc Ltd v Argyll Stores facts

A

supermarket
A close a super market in BOC of lease terms with C
- C requested SP

44
Q

co-operative Ins Soc Ltd v Argyll Stores held

A

court refused sp as bc it would require constant supervisions and require A to operate at a loss
- damages rather than forcing business continuity

45
Q
A
46
Q
A

contract part 3 (24 decks)

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