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    1-Equitable Remedies For Breach of Contract

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    Chubaid
    This document summarizes various equitable remedies for breach of contract, including specific performance and injunctions. Specific performance is an order compelling a breaching party to perform their contractual obligations and is granted at the court's discretion if damages are inadequate. Specific performance is commonly granted for contracts involving the sale of land or antiques. Injunctions can be prohibitory, preventing a breach, or mandatory, undoing a wrongful act. Prohibitory injunctions are more commonly granted than specific performance for contracts of personal service.

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    1-Equitable Remedies For Breach of Contract

    Uploaded by

    Chubaid
    29 views8 pages
    This document summarizes various equitable remedies for breach of contract, including specific performance and injunctions. Specific performance is an order compelling a breaching party to perform their contractual obligations and is granted at the court's discretion if damages are inadequate. Specific performance is commonly granted for contracts involving the sale of land or antiques. Injunctions can be prohibitory, preventing a breach, or mandatory, undoing a wrongful act. Prohibitory injunctions are more commonly granted than specific performance for contracts of personal service.

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    1-Equitable Remedies for Breach of Contract

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    This document summarizes various equitable remedies for breach of contract, including specific performance and injunctions. Specific performance is an order compelling a breaching party to perform their contractual obligations and is granted at the court's discretion if damages are inadequate. Specific performance is commonly granted for contracts involving the sale of land or antiques. Injunctions can be prohibitory, preventing a breach, or mandatory, undoing a wrongful act. Prohibitory injunctions are more commonly granted than specific performance for contracts of personal service.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    29 views8 pages

    1-Equitable Remedies For Breach of Contract

    Uploaded by

    Chubaid
    This document summarizes various equitable remedies for breach of contract, including specific performance and injunctions. Specific performance is an order compelling a breaching party to perform their contractual obligations and is granted at the court's discretion if damages are inadequate. Specific performance is commonly granted for contracts involving the sale of land or antiques. Injunctions can be prohibitory, preventing a breach, or mandatory, undoing a wrongful act. Prohibitory injunctions are more commonly granted than specific performance for contracts of personal service.

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    © All Rights Reserved
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    of 8

    Equitable Remedies for Breach of

    Contract
    By Kumari Lane
    Specific Performance
    • Specific performance is an order by the court
    ordering the contract breaker to perform the
    contract.
    • It is awarded at the discretion of the court –
    Lamare v Dixon
    • SP is granted only if it is just and equitable to
    do so – Stickney v Keeble
    • If damages are adequate to compensate the
    claimant SP is not granted – Cud v Rutter
    Specific Performance
    • In contracts for the sale of land damages will
    not be adequate.
    • Beswick v Beswick – SP granted to enforce the
    defendant’s promise
    • Sale of goods – generally SP is not granted.
    But in the case of antiques SP may be granted
    – Holroyd v Marshall
    • C should have performed his obligations or be
    ready and willing to do so, to get SP.
    Specific Performance
    • SP will not be granted if C had behaved badly
    – Mortlock v Buller
    • The court may be more inclined to grant SP
    where defendant has behaved badly – Co-
    operative Insurance Society
    • SP is not granted in contracts of personal
    service – Rigby v Connol
    • SP not ordered where constant supervision is
    ordered – Co-operative Insurance Society
    Specific Performance
    • C must bring the claim without delay
    • Mutuality – as SP is available for a purchaser
    of land, it is also available for a vendor of land.
    • As C cannot obtain SP against a minor, a minor
    cannot sue the other party for SP – Flight v
    Bolland
    Injunctions
    • Prohibitory injunctions – Court order to
    prevent a breach of contract.
    • It is granted to restrain a negative contract or
    negative covenant.
    • Nordenfelt – Prohibitory injunction granted to
    restrain breach of a negative covenant.
    • Court willing to grant injunction where they
    are not willing to grant SP
    Injunction
    • Lumley v Wagner – singer agreed to sing at C’s
    theatre and not to sing elsewhere. SP refused but
    injunction granted.
    • If effect of an injunction is to compel a defendant
    to perform a contract of personal service an
    injunction is not granted.
    • Warner Bros v Nelson – Court willing to prevent
    actress from working for anyone else as an actress
    but not willing to prevent her from engaging in any
    other occupation.
    Injunction
    • Page One Records – Court refused an
    injunction, because granting injunction would
    have the effect of granting SP for a contract of
    personal service.
    • Prohibitory injunction is not granted where
    granting it would be oppressive – Jaggard
    • Mandatory injunctions – granted to undo a
    wrongful act e.g. to demolish a building built
    in breach of a restrictive covenant.

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