Equitable Remedies

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  • Created by: Hope
  • Created on: 19-05-16 15:31
Who has the jurisdiction to grant specific performance?
High Court and the County Court
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In what situations does specific performance apply?
Only in breach of contract really
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What is specific performance?
D.Hayton says it is an order of the court compelling the defendant to personally to do whatever they have promised to do
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When will the court use specific performance? Example?
When they have considered damages, and damages aren't sufficient or adequate: Co-op Insurance v Argyle
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What types of contract might require specific performance?
Contracts relating to land or relating to unique chattels,
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Why is specific performance used in contracts for land? Example? Limitation?
Because land is unique, and money can't replace its value. Sudbrook Trading Estate v Eggleton. This doesn't work vice versa because damages would be enough
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When might damages not be enough for a chattel? Examples?
When the chattel has particular intrinsic value which makes it impossible to purchase it somewhere else. Adderly v Dixon, Thorne v Commissioner for Public Works
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What types of contract cannot have specific performance?
Illegal or immoral contracts, contracts without consideration, contracts involving personal skill, contracts requiring supervision, contracts relating to money
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What is a case example of an illegal or immoral contract?
Wroth v Tyler
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Why can't specific performance apply to contracts without consideration? Example? Exception?
Needs to be a bona fide contract to be enforceable; Penn v Baltimore, where the contract is executable by deed
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Why won't courts order specific performance on contracts involving a skill? Example?
Because you can't force people to work against their will, they could just do a bad job on purpose. De Francisco v Barnum, C.H. Giled v Morris.
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What about contracts of employment? Example?
Courts will not enforce clauses in a contract of employment; Page One Records v Britton
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What is the case authority for not applying SP to contracts for supervision? Why?
Co-op Insurance v Argyle- can't make someone run a business
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What else is this the case authority for?
Contracts relating to commerce
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What are the defences to specific performance?
Invalid contract, misrepresentation, undue influence, mistake, delay, Supreme Court Act s50
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What are interim injunctions used for?
Making someone perform some action
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Card 2

Front

In what situations does specific performance apply?

Back

Only in breach of contract really

Card 3

Front

What is specific performance?

Back

Preview of the front of card 3

Card 4

Front

When will the court use specific performance? Example?

Back

Preview of the front of card 4

Card 5

Front

What types of contract might require specific performance?

Back

Preview of the front of card 5
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