remedies 2

Question 1

When we say that something is an ‘equitable remedy’, what does this mean?

1. That a court must award it
2. That a court must consider to award it
3. That a court has to the power to award it if damages are an inadequate remedy
4. That a court must never award it

Answer 1

3. That a court has to the power to award it if damages are an inadequate remedy

Question 2

What does rescission mean for the parties?

1. That they can claim their expenses up to the date of the breach.
2. That they are put it the position they would have been in had the contract been performed.
3. That they are put back in their pre-contractual positions.
4. That their losses/gains are those at the time of the breach (no further money is required).

Answer 2

3. That they are put back in their pre-contractual positions.