REMEDIES

Question 1

specific performance in them context of remedies

Answer 1

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

Question 2

injunction remedies

Answer 2

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

Question 3

two types of injunction remedies

Answer 3

prohibitory
mandatory

Question 4

prohibitory injunction

Answer 4

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

Question 5

e.g of prohibitory injunction

Answer 5

Clegg v hands

Question 6

Clegg v hands FACTS

Answer 6

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

Question 7

Clegg v hands HELD

Answer 7

• granted prohibitory injunction, stopping selling of unauthorised beer

Question 8

mandatory injuction

Answer 8

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

Question 9

e.g of mandatory injuction

Answer 9

cHarrington v simons

Question 10

cHarrington v simons facts

Answer 10

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

Question 11

cHarrington v simons HELD

Answer 11

-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

Question 12

equitable remedies are

Answer 12

at the discretion of the courts

Question 13

general rule one

Answer 13

the default remedy for BOC of positive obligations is damages

Question 14

when is SP available

Answer 14

when damages are inadequate, subject to any disqualifying factors

Question 15

e.g of when is SP available

Answer 15

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

Question 16

e.g of when is SP available case

Answer 16

forman v hazard

Question 17

forman v hazard

Answer 17

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

Question 18

e.g of when is SP NOT available

Answer 18

• 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

Question 19

general rule 2

Answer 19

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

Question 20

example of general rule 2

Answer 20

Lumley v Wagner

Question 21

Lumley v Wagner fACTS

Answer 21

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

Question 22

Lumley v Wagner HELD

Answer 22

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

Question 23

6 Bars to equitable remedies

d
p
l
h
u
c

Answer 23

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

Question 24

6 Bars to equitable remedies - damages are adequate

Answer 24

1

• even if they are inadequate they can still be rejected

Question 25

6 Bars to equitable remedies -plaintiff acted inequitably case

Answer 25

#2 Walter v Morgan

Question 26

6 Bars to equitable remedies - lack of mutuality

Answer 26

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

Question 27

6 Bars to equitable remedies-hardship 2 defendant

Answer 27

#4 where the defendant experiences hardship and reflects on the breach

Question 28

6 Bars to equitable remedies-unreasonable delay

Answer 28

#5 delay must be unreasonable to preclude remedies

Question 29

6 Bars to equitable remedies-constant super vision

Answer 29

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

Question 30

Walter v Morgan facts

Answer 30

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

Question 31

Walter v Morgan held

Answer 31

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

Question 32

6 Bars to equitable remedies - lack of mutuality cases

Answer 32

stocker v Wedderburn AG for England and Wales v R

Question 33

stocker v Wedderburn facts

Answer 33

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

Question 34

stocker v Wedderburn held

Answer 34

- sp was denied as S personal services were not enforceable and lacked mutuality as sp couldn't enforce his personal services

Question 35

AG for England and Wales v R facts

Answer 35

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

Question 36

AG for England and Wales v R

Answer 36

- 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

Question 37

6 Bars to equitable remedies-hardship 2 defendant case

Answer 37

Patel v ali

Question 38

Patel v ali FACTS

Answer 38

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

Question 39

H2D Patel v ali HELD

Answer 39

- sp was not granted due to hardship in heath and her reliance on neighbours therefor it would be injust

Question 40

6 Bars to equitable remedies-unreasonable delay case

Answer 40

Patel v ali

Question 41

UD Patel v Ali held

Answer 41

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

Question 42

6 Bars to equitable remedies-constant super vision CASE

Answer 42

co-operative Ins Soc Ltd v Argyll Stores

Question 43

co-operative Ins Soc Ltd v Argyll Stores facts

Answer 43

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

Question 44

co-operative Ins Soc Ltd v Argyll Stores held

Answer 44

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