Equitable remedies
- Created by: Molly Byrne
- Created on: 18-02-16 10:46
View mindmap
- Equitable Remedies
- Discretionary
- Failure to abide is contempt of court
- Contempt of Court Act 1981
- Inc - injunctions, specific performance and rescission
- Injunctions
- Prohibitory - stops a continuing form of behaviour
- Quia timet - stops something in anticipation
- Post trial - as a remedy
- Interlocutory - at the start of a trial to stop prejudice
- Without notice
- Freezing injunction - freezes the dfs assets
- Search order - allows solicitor to search property for specific docs.
- Prohibitory - Not granted if damages can be quanitified.
- Express Newspaper v Keys
- Mandatory - compels an action - Redland Bricks v Morris
- Interim - Stops prejudice
- Specific performance
- abide your contractual obligations
- Not if damages are adequate
- Cuddee v Rutter
- Rescission
- Puts parties back as if contract had not been agreed
- Cooper v Phibbs 1867
Comments
No comments have yet been made