Core Attributes of ER Flashcards
(14 cards)
What are the three defining characteristics of equitable remedies according to Hanbury (2009)?
Discretionary in nature
Granted only when common law remedies are inadequate
Act in personam (against a person)
How do equitable remedies differ from common law damages in terms of entitlement?
Common law damages are awarded as of right; equitable remedies are awarded at the court’s discretion.
Which case illustrates the discretionary refusal of an equitable remedy due to practical considerations?
Argyll Stores v Argyll Investments [1998] AC 1 – specific performance was denied because continuous supervision was impractical.
Why is the discretionary element important in equity?
It allows courts to ensure that remedies are proportionate, fair, and practical, rather than automatic
When are equitable remedies typically granted?
When damages at common law are inadequate to achieve justice.
What case established that specific performance may be granted for sale of land due to land’s uniqueness?
Cuddee v Rutter (1720) 1 P Wms 570.
What does it mean that equity “acts in personam”?
Equity operates against the person, not the property, compelling them to do or refrain from doing something.
Which case confirmed the personam jurisdiction of equity over foreign land?
Penn v Lord Baltimore (1750) 1 Ves Sen 444 – specific performance ordered over land in America.
What case illustrates equity’s use of tracing in unjust enrichment or mistaken payments?
Chase Manhattan Bank v Israel-British Bank (London) Ltd [1981] Ch 105 – equity permitted tracing into a mixed fund.
Why is tracing considered an equitable remedy?
Because it allows claimants to follow property into its transformed or mixed forms, which the common law does not permit.
What is a major criticism of equitable remedies?
Their subjectivity and reliance on fairness can lead to inconsistency and unpredictability in outcomes.
What case highlights the tension between fairness and certainty in commercial contexts?
Co-operative Insurance Society Ltd v Argyll Stores [1997] 2 WLR 898 – denial of specific performance raised concerns about privileging convenience over legal rights.
What is the modern role of equitable remedies in legal systems?
To provide flexible, conscience-based relief where common law is inadequate, while maintaining consistency with legal principle.
