Equitable Remedies Flashcards
What are the two types of equitable remedies
Specific performance
Rescission
What is the difference between common-law remedies and equitable remedies?
Equitable remedies are not as of right like common-law remedies
What does specific performance compel the defendant to do?
Carry out their agreed obligations under the contract
Can specific performance be used with damages?
Yes
Why are courts reluctant to force defendants to carry out their obligations?
Because it is often impossible or difficult.
What is the principle as to whether or not to grant specific performance order?
Whether it would be fair to do so. - De Francesco v Barnum
When else will a court not order specific performance?
If it would mean excessive hardship on the party. - Dyster v Randall and Sons
What is rescission?
It is an equitable right where a contract is set aside
What is the purpose of rescission?
To bring parties back to position they were in before they entered the contract.
De Francesco v Barnum
Dancer went into a contract. Contract so disadvantageous that court would not grant injunction or specific performance.
Dyster v Randall and Sons
C made bankrupt, could not pay for house that he had agreed to buy. Court refused to order specific performance
