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Equitable Remedies - Coggle Diagram
Equitable Remedies
Specific Performance:
The third key principle is that specific performance is normally not available for contracts of personal service. An example would be employment.
The fourth key principle is that delay defeats equity. Specific performance is not normally available if the claimant takes too long in finding the remedy.
The second principle is that specific performance won't be granted if constant supervision of the court is needed to ensure that the order is complied with - Ryan v Mutual Tontine Westminster Chambers Association
The fifth key principle is that specific performance is subject to the principle of mutuality, this means that if the order is available to one party it should also be available to the other party - Flight v Bolland
specific performance won't be granted where damages would be an adequate remedy. Mostly the subject matter of the contract will be unique and won't be possible to acquire it somewhere else
The sixth and final principle is that specific performance is not available where the claimants actions are inequitable - 'he who comes to equity must come with clean hands' - Webster v Cecil
Injunction:
an injunction is a court order instructing someone to:
- refrain from doing something (prohibitory)
- or do something (mandatory)
example - to build a property in england or wales planning permission is needed. if i start building without planning permission, the council will issue a prohibitory injunction to stop me from carrying on the building
if i have already built the house without planning permission and the council finds out it will issue a mandatory injunction telling me to take it down
injunctions vary as to the relief they offer:
- they can be perpetual, where the remedy in itself is a final remedy
- they can be interim, where they are granted in advance of any trial of the issue so as to retain the status quo
contract law - injunctions are seldom mandatory for mainly the same reasons we saw in specific performance - they are more difficult to oversee and enforce. as a result, they are usually negative restrictions on the defendant
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Often situations where the mere payment of money by way of damages is insufficient. In these types of case, equitable remedies may be available
Purpose of equitable remedies:
purpose is that they should be awarded where common law damages are an inadequate award and justice is not served
they might be awrded, for example, where:
- the item being bough is so unique that no alternative can be found
- the defendant can't pay
- claimants business is being harmed
Recission:
effect of recission is that contractual damages cant be claimed because the contract has been set aside for all purposes and so there is no basis for any claim on the contract
as it has been set aside there can be no breach
Specific Restitution:
in the context of a breach of contract, specific restitution is simply the repayment to the claimant of any money or other benefits that they have passed to the defendant in advance of the breached contract
the restitution is to do with consideration - the presence or absence of consideration may determine the appropriateness of the remedy
restitution is sometimes used to prevent the unjust benefit of one party - normal reason for damages is to compensate the claimant for their losses but restituion is often used to prevent the defendant gaining unfairly
principle has been expressly rejected in contract law
Stocznia Gdnaska SA v Latvian Shipping Co.