Equitable remedies

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  • 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

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