Chapter 36- Equitable Remedies

Question 1

What is the purpose of equitable remedies

Answer 1

• To achieve fairness and justice when damages are an inadequate remedy
  Nature: aimed at correcting or preventing injustice rather than compensating for loss

Question 2

Examples of where equitable remedies may be awarded

Answer 2

• The item is unique and no alternative is available
• The defendant cannot pay
• The claimant’s business is being harmed

Question 3

List the available equitable remedies

Answer 3

• Specific performance
• Specific restitution
• Rescission
• Injunction

Question 4

Specific performance:

Answer 4

Requires the breaching party to perform the contractual obligations as agreed
- it gives the court discretion on whether or not it should be granted and is based on several key principles:
- Not be applied where damages would be adequate
- not applied if constant supervision of the court will be needed to ensure the order is complied with
- not used for contracts of personal service such as employment
- not used if it takes too long to seek the remedy
- specific performance must be available to all parties
- not available where the claimants actions are inequitable

Question 5

Specific restitution :

Answer 5

• It’s a remedy aimed at restoring the claimant to their original position by having the defendant return the specific item or property in question, rather than simply compensating the claimant with money.

Question 6

Rescission:

Answer 6

• This cancels the contract and treats it as if it never existed

Question 7

Injunction:

Answer 7

This is a court order instructing someone to:
- refrain from doing something (prohibitory)
- do something ( mandatory)

Question 8

Limitations on the award of equitable remedies

Answer 8

• Delay in bringing the action to court
• It does not apply to all breaches

Question 9

Advantages

Answer 9

• tailored to the circumstances can prevent injustice