Week 8 - Equitable Remedies

Question 1

When will courts consider equitable remedies?

Answer 1

When damages may not be adequate or appropriate to compensate a victim of the breach

Question 2

Under what 3 circumstances will courts move to equitable remedies?

Answer 2

• subject matter of contract is unique
• damages are too difficult to assess
• where defendant would be unable to pay damages realistically

Question 3

Are equitable remedies available as of right?

Answer 3

No, they are only there at the discretion of the court

Question 4

Define specific performance

Answer 4

An order to force a party to carry out their contractual obligation

Question 5

Define prohibitory injunctions

Answer 5

An order to prevent a party from breaching its contractual obligations

Question 6

Define rectification

Answer 6

An order to rectify a mistake in the written contract where it doesn’t reflect the agreement reached

Question 7

Define mandatory injunctions

Answer 7

Require the party to perform the contract