Equitable Remedies

?
  • Created by: Hope
  • Created on: 19-05-16 15:31
Who has the jurisdiction to grant specific performance?
High Court and the County Court
1 of 16
In what situations does specific performance apply?
Only in breach of contract really
2 of 16
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
3 of 16
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
4 of 16
What types of contract might require specific performance?
Contracts relating to land or relating to unique chattels,
5 of 16
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
6 of 16
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
7 of 16
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
8 of 16
What is a case example of an illegal or immoral contract?
Wroth v Tyler
9 of 16
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
10 of 16
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.
11 of 16
What about contracts of employment? Example?
Courts will not enforce clauses in a contract of employment; Page One Records v Britton
12 of 16
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
13 of 16
What else is this the case authority for?
Contracts relating to commerce
14 of 16
What are the defences to specific performance?
Invalid contract, misrepresentation, undue influence, mistake, delay, Supreme Court Act s50
15 of 16
What are interim injunctions used for?
Making someone perform some action
16 of 16

Other cards in this set

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
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Equity and Trusts resources »