Specific performance

Question 1

When will specific performance be awarded?

Answer 1

damages are inadequate and inappropriate

Question 2

C must (…) to show that damages are inadequate and inappropriate

Answer 2

● Show that the contract is unique or irreplaceable
● An award for damages would provide ineffective compensation

Question 3

An order of specific performance is

Answer 3

‘decree’ - issued by the court to the defendant, requiring it to carry out its obligations under a positive term of the contract
● equitable remedy available at the discretion of the court
● and only where damages are inappropriate and inadequate

Question 4

Csq for the breach of specific performance orders

Answer 4

Breach of SP can lead to contempt of court and even imprisonment

Question 5

specific performance will not be awarded where:

Answer 5

● Causes undue hardship on the defendant
● There is no consideration
● There is a breach of contract of employment
● For performance of acts which will need the constant supervision of the courts
● Where a contract is not binding on both parties

Question 6

when are prohibitory injunctions granted?

Answer 6

only where just and convenient

court’s discretion

Question 7

What are guarantees?

Answer 7

a promise by a party to ensure that another party carries out its obligations, or a promise to fulfil those obligations itself if it does not do so

Question 8

What are indemnities?

Answer 8

a promise by C to reimburse B in the event that they suffer a stated loss

for example because A fails to carry out its obligations

Question 9

A restitution claim may arise where there is a

Answer 9

total failure of consideration.