Remedies-Equitable Damages

Question 1

When are equitable remedies awarded?

Answer 1

Where damages are an inadequate remedy and just would not be merely served by damages.

Question 2

Unlike damages, what are equitable remedies not constrained by?

Answer 2

Remoteness of damage or causation

Question 3

2 equitable remedies needed to be known for the course.

Answer 3

Specific performance
Rescission

Question 4

What is rescission?

Answer 4

When the contract is considered void.
It is as if the contract never existed and the parties are put back in their original position.

Question 5

What happens when specific performance is ordered by the court?

Answer 5

it is ordering one party to perform his or her contractual obligation, rather like a mandatory obligation.

Question 6

situations where specific performance will not be available.

Answer 6

1. For contract involving personal service and contracts of employment.
2. Where the courts cannot supervise the enforcement of the contract.
3. Where it is an impossibility e.g. illegal.
4. Where claimant cannot, or it is uncertain that he or she can.
5. Where the claimant has behaved dishonestly or unconscionably, such that it would not be just.

Question 7

Case for where claimant cannot or is uncertain if they can perform their side of the contract for specific performance.

Answer 7

Leaf v International Galleries (1950)

Question 8

Case for where courts cannot supervise the enforcement of the contract.

Answer 8

Page One Records Ltd v Britton (1967)

Question 9

Example of where completing specific performance would be impossible.

Answer 9

Export of a famous painting without the required export licence.

Question 10

Case for where specific performance is not available for contract involving personal service or contracts of employment.

Answer 10

Page One Records Ltd v Britton (1967)