4): Equitable Remedies Flashcards
(8 cards)
What is specific performance?
Court compels D to perform their contractual obligation.
Used when the obligation is unique (e.g. land sale).
Not awarded where:
Constant supervision would be needed.
Contract is for personal services.
What are the three types of injunctions in equity?
Prohibitive injunction: prevents breach by stopping conduct.
Mandatory injunction: compels D to act (requires full trial).
Quia timet injunction (pre-emptive): prevents threatened harm; requires:
Serious question to be tried.
Inadequacy of damages.
Balance of convenience favours injunction.
When can rescission be barred?
Innocent third party would be adversely affected.
There’s been undue delay.
Affirmation of the contract after right to rescind.
Impossible to restore original positions.
What is rectification, and what must be proven?
Corrects a document that fails to reflect true agreement.
Requires:
Clear evidence of true intention.
Flaw prevented accurate reflection.
Specific intent to record different result.
Issue can be contested despite consent.
What is an account remedy in fiduciary breaches?
Fiduciary must repay profits (e.g. bribes) from breach of duty.
What are the two types of equitable claims for breach of trust?
- Personal claim (in personam):
Against the trustee personally.
Not dependent on D possessing the property.
- Equitable proprietary claim (in rem):
Based on having/tracing property or its substitute.
D must return it.
What are the advantages of bringing a proprietary claim?
Priority over unsecured creditors in bankruptcy.
Claim value increase of asset taken.
No time limits to claim (unlike personal claims).
What are the three tracing routes in equity?
Substitution of asset: traced asset used to buy another = new asset belongs to trust.
Mixed asset: trust + trustee money used = proportionate share or lien.
Mixed bank account: trust money mixed then spent = trace into purchased assets, not dissipated funds.
