1. "An injunction will not be awarded if it would have the same effect as
an order for specific performance in a case where that order would not be
given."
Discuss. What are the limits on the award of specific performance?
denied in personal services because cannot force someone to do
something
going against someone’s will
warner bros case
Lumley case
2. P Ltd is a company offering luxury coach holidays. For the period July to
September P agreed contract is concluded to hire a fleet of superbly
appointed coaches from H for £20,000, of which £5,000 was payable in
May and the balance at the end of September.
When P tendered £5,000 in May, H refused to deliver the coaches unless
the whole price was paid at once. P was unwilling to do this because of the
financial pressure it would put on its business but cannot find suitable
alternative coaches because of an unprecedented boom fulfil
requirements from sky in the coach tour market.
All available coaches are of an inferior standard and would not match the
descriptions in P's brochure, issued to potential customers in the previous
November, before the contract with H was concluded. As a result of its
advertising, P has received very heavy bookings. H is now threatening to
hire the coaches to a rival of P's.
Advise P.
breach – refusing to deliver – anticipatory breach
need to decide if damages would be adequate – not be because
really need those coaches [are unique]
if gets money then may ruin his reputation
something beyond ordinary in market – make something unique,
but it is also up for courts to decide
p is entitled to specific performance – market has changed
cohen v roche case – court not award specific performance
because can get chairs aware
sky petroleum – oil crash
requirements for sp
mutuality of remedy – fulfilled because he can pay, but doesn’t
have coaches [price v strange, rainbow estate case confirmed
price (need to look on circumstances to see whether it would be
fair and just to give damages, instead of sp)]
an order for specific performance in a case where that order would not be
given."
Discuss. What are the limits on the award of specific performance?
denied in personal services because cannot force someone to do
something
going against someone’s will
warner bros case
Lumley case
2. P Ltd is a company offering luxury coach holidays. For the period July to
September P agreed contract is concluded to hire a fleet of superbly
appointed coaches from H for £20,000, of which £5,000 was payable in
May and the balance at the end of September.
When P tendered £5,000 in May, H refused to deliver the coaches unless
the whole price was paid at once. P was unwilling to do this because of the
financial pressure it would put on its business but cannot find suitable
alternative coaches because of an unprecedented boom fulfil
requirements from sky in the coach tour market.
All available coaches are of an inferior standard and would not match the
descriptions in P's brochure, issued to potential customers in the previous
November, before the contract with H was concluded. As a result of its
advertising, P has received very heavy bookings. H is now threatening to
hire the coaches to a rival of P's.
Advise P.
breach – refusing to deliver – anticipatory breach
need to decide if damages would be adequate – not be because
really need those coaches [are unique]
if gets money then may ruin his reputation
something beyond ordinary in market – make something unique,
but it is also up for courts to decide
p is entitled to specific performance – market has changed
cohen v roche case – court not award specific performance
because can get chairs aware
sky petroleum – oil crash
requirements for sp
mutuality of remedy – fulfilled because he can pay, but doesn’t
have coaches [price v strange, rainbow estate case confirmed
price (need to look on circumstances to see whether it would be
fair and just to give damages, instead of sp)]
