- Created by: jonescerys28
- Created on: 14-05-18 14:58
Equity developed due to the problems that emerged with the use of common law. It has been described as the 'gloss on common law' and 'common law's safety valve'. This is because the system is seen as more as jury 'fair'. Equity has four main remedies: Injunction, Specific Performance, Rectification and Rescission. Equitable maxims must also be satisfied for a rule or remedy to be applied, in order to keep the system fair.
An injunction is either an order to do something (mandatory injunction) or an order to not do something (prohibitory injunction). An injunction can be awarded at the conclusion of a case if famages are ineadequate as a remedy. For example, in Warner Bros v Nelson 1937, Warner Bros sough an injunction to stop Betty Davis from working in any other films that aren't made by Warner Bros fro the duration of her contract.
Specific Performance means that a party has to fulfil a previous agreement. It's only awarded in exceptionl circumstances where damages would not compensate and it is never awarded in relation to personal services such as singing at a concert. It has also been granted when a contract for a unique item has been made such as in Sky v VIP Petroleum 1974 where petrol was deemed a unique iem because it was in short supply.
Rectification can alter the words of a document to reflect the true intention of the parties to it. The court will only make an order it is satisfies that a mistake was made in the drawing up of the document. For example, in Jocelyne v nissan 1970 a father an daughter afreed that the daughter would buy the father's business and would pay all the expenses of her father's house in return, however there was no mention of this in the contract, but evidence to show a clear intention by the parties. There the courts were satisfied that rectification…