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Remedies

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  • 1. EQUITABLE REMEDIES
  • 2. DEFINITION• Remedies: “any methods available at law for theenforcement, protection, or recovery of rights or forobtaining redress for their infringement”.• Therefore, when there is infringement of right, orrather breach, remedies are always available to theinnocent parties.• Equitable remedies: “Remedies granted by equityto redress wrong”.
  • 3. NATURE• Given entirely by the court’s discretion.• It cannot be sought as of right and it will be granted where common law damages would be an inadequate remedy, where it would cause hardship or injustice.• Similarly, a plaintiff may be refused relief if he is in breach or is not ready, willing and able to perform his outstanding obligations under the contract.
  • 4. NATURE• Equitable remedies can be varied or dissolved if the court discovers later that the application for such relief was made on suppressed facts or that the facts upon which the order was granted no longer exist.
  • 5. Gilligan v National Bank Ltd (1901)• “A remarkable feature over the centuries was the ability and willingness of Equity to grant elastic remedies which were not obtainable at law”.
  • 6. SPECIFIC PERFORMANCEJC Willianson Ltd v Lukey and Mulholland [1931] “A remedy to compel the execution of a contractwhich requires some definite thing to be done beforethe transaction is complete and the parties’ rights aresettled and defined in the manner intended’.• In short, specific performance is a decree of the courtdirecting that the contract shall be performedspecifically, that is, according to its terms
  • 7. SPECIFIC PERFORMANCE• The elaborate provisions governing the decree are enacted the Specific ReliefAct 1950.• Where a contract is suitable for a decree of specific performance, the plaintiff may commence proceedings as soon as:v) the defendant threatens to refuse performance, orvi) The defendant breaches the contract by failing to perform when the time for performance arrives.
  • 8. INJUNCTION Doherty v Allman [1878] Lord Cairns described injunction as specific performance of a negative bargain.• They are prohibitory in their most common form; orders prohibiting parties from breaching their contractual undertakings and, usually, they are granted to stop one party doing something he or she has promised not to do.
  • 9. • Injunction is also called “Preventive Relief” as classed in Part III of Specific Relief Act 1950.• An injunction is either prohibitory or mandatory:v) Prohibitory injunction- in the form of restraining order, stopping something from being done, (preventive);ii) Mandatory injunction- a court order requiring something to be done (restorative).
  • 10. SPECIFIC PERFORMANCE INJUNCTION An injunction isUsually granted to usually granted toensure compliance restrain the breach of with a particular a negative stipulationterm of a contract. in a contract