Equitable remedies
Remedies other than damages or breach of contract (e.g. Order or specific
performance, injunction, rescission etc)
Discretionary
Meant to be fair to both parties.
Specific performance
Order from court to one of the parties to perform his part of the contract in
accordance with the terms of the contract.
Can be given alongside damages.
To refuse to perform specific performance is a criminal offence.
Discretionary not guaranteed.
When it is not available:
Damages are adequate.
- More often than not that is the case.
- Can be added if the claimant can prove some loss cannot be the damages.
- Beswick v Beswick (1968)
- If goods are unavailable damages cannot be quantified
- Thames Valley Power v Total Gas (2005)
Contracts of personal service
- Any contract where one person promises to carry out actions for another (eg.
Employment, independent contractor)
- Courts cannot force people to work (violation of personal liberty)
Mutuality required.
- Equity is equality.
- Specific performance allows one party to obtain performance of another.
- Only fair that it will be granted in circumstances where the other party can
also obtain performance.
- Price v Strange (1977)
If supervision is required
- If the order would require the constant supervision of the court to ensure
that the defendant was complying with the order.
- Co-operative Insurance v Argyll Stores (1997)
Injunctions
Court prohibits one party from acting in breach of the contract (Eg: Restraint of
trade clause, sale of a business)
Too late to wait for damages- the damage has already been done.
Remedies other than damages or breach of contract (e.g. Order or specific
performance, injunction, rescission etc)
Discretionary
Meant to be fair to both parties.
Specific performance
Order from court to one of the parties to perform his part of the contract in
accordance with the terms of the contract.
Can be given alongside damages.
To refuse to perform specific performance is a criminal offence.
Discretionary not guaranteed.
When it is not available:
Damages are adequate.
- More often than not that is the case.
- Can be added if the claimant can prove some loss cannot be the damages.
- Beswick v Beswick (1968)
- If goods are unavailable damages cannot be quantified
- Thames Valley Power v Total Gas (2005)
Contracts of personal service
- Any contract where one person promises to carry out actions for another (eg.
Employment, independent contractor)
- Courts cannot force people to work (violation of personal liberty)
Mutuality required.
- Equity is equality.
- Specific performance allows one party to obtain performance of another.
- Only fair that it will be granted in circumstances where the other party can
also obtain performance.
- Price v Strange (1977)
If supervision is required
- If the order would require the constant supervision of the court to ensure
that the defendant was complying with the order.
- Co-operative Insurance v Argyll Stores (1997)
Injunctions
Court prohibits one party from acting in breach of the contract (Eg: Restraint of
trade clause, sale of a business)
Too late to wait for damages- the damage has already been done.
