REMEDIES Flashcards
specific performance in them context of remedies
- requires you to do what the contract requires you to do
-primary remedy - context is important
injunction remedies
-court order aimed at preventing a party from breaching the contract further
two types of injunction remedies
prohibitory
mandatory
prohibitory injunction
orders party to refrain from actions that violate the terms of the contract
e.g of prohibitory injunction
Clegg v hands
Clegg v hands FACTS
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
Clegg v hands HELD
- granted prohibitory injunction, stopping selling of unauthorised beer
mandatory injuction
requires party to undo actions taken in BOC’
- courts reluctant to grant over prohib
e.g of mandatory injuction
cHarrington v simons
cHarrington v simons facts
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
cHarrington v simons HELD
-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
equitable remedies are
at the discretion of the courts
general rule one
the default remedy for BOC of positive obligations is damages
when is SP available
when damages are inadequate, subject to any disqualifying factors
e.g of when is SP available
contract for sale of land
- sp the primary remedy for land as it is unique and cannot be compared to the value of money
e.g of when is SP available case
forman v hazard
forman v hazard
SP may be refused if the land has been transferred w/o the purchaser being aware of the prior interest
e.g of when is SP NOT available
- 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
general rule 2
breach of negative obligations the remedy is injuction as damages are usually inadequate
example of general rule 2
Lumley v Wagner
Lumley v Wagner fACTS
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
Lumley v Wagner HELD
- courts rejected the SP, instead granted injunction, preventing W from performing elsewhere
6 Bars to equitable remedies
d
p
l
h
u
c
- damages are inadequate
- plaintiff acted inequitably
- lack of mutuality
- hardship 2 defendant
- unreasonable delay
- constant super vision
6 Bars to equitable remedies - damages are adequate
1
- even if they are inadequate they can still be rejected
6 Bars to equitable remedies -plaintiff acted inequitably case
2
Walter v Morgan
6 Bars to equitable remedies - lack of mutuality
3
sp not granted unless it could also be ordered against the plaintiff if they were in breach
6 Bars to equitable remedies-hardship 2 defendant
4
where the defendant experiences hardship and reflects on the breach
6 Bars to equitable remedies-unreasonable delay
5
delay must be unreasonable to preclude remedies
6 Bars to equitable remedies-constant super vision
6
will the request of SP require constant supervision from the courts which will clog system and be unnecessary
Walter v Morgan facts
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
Walter v Morgan held
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
6 Bars to equitable remedies - lack of mutuality cases
stocker v Wedderburn
AG for England and Wales v R
stocker v Wedderburn facts
JOINT VENTURE
joint venture, stocker provided personal services
- W breached by refusing to invest
- S claimed SP
stocker v Wedderburn held
- sp was denied as S personal services were not enforceable and lacked mutuality as sp couldn’t enforce his personal services
AG for England and Wales v R facts
book publication
confidentiality breach by ex-special forces member and brit govt sought injuction to prevent book publication
- sought for SP
AG for England and Wales v R
- 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
6 Bars to equitable remedies-hardship 2 defendant case
Patel v ali
Patel v ali FACTS
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
H2D Patel v ali HELD
- sp was not granted due to hardship in heath and her reliance on neighbours therefor it would be injust
6 Bars to equitable remedies-unreasonable delay case
Patel v ali
UD Patel v Ali held
court refused SP as they found the delay in request combined with the unforeseen changes made it unfair
6 Bars to equitable remedies-constant super vision CASE
co-operative Ins Soc Ltd v Argyll Stores
co-operative Ins Soc Ltd v Argyll Stores facts
supermarket
A close a super market in BOC of lease terms with C
- C requested SP
co-operative Ins Soc Ltd v Argyll Stores held
court refused sp as bc it would require constant supervisions and require A to operate at a loss
- damages rather than forcing business continuity
