Equitable Remedies

Question 1

Ryan v Mutual Tontine Westminster Chambers Association

Answer 1

Order for specific performance failed as the court ould not be expected to supervise the work.

Question 2

Flight v Bolland

Answer 2

Could not award specific performance when the person seeking remedy is a minor as the other party could not have succeeded in obtaining the same remedy against a minor who lacked capacity.

Question 3

Webster v Cecil

Answer 3

His action failed and the contract was rectified to reflect the actual price agreed.

Question 4

Stocznia Gdanska SA v Latvian Shipping Co.

Answer 4

House of Lords said the true test of whether there was failure of consideration is based not on whether the buyer received nothing under the contract but on whether the seller had done nothing under the contract.

Question 5

Attorney-General v Blake

Answer 5

was to be paid £150000

Restitution can be used as it was an exceptional case.

Question 6

Limitation Act 1980

Answer 6

1. S5: identified the basic limitation period in the case of contract.
   > An action founded on simple contract shall not be brought after the expiration of six years from the date on which the action accrued.