Equitable Remedies

Question 1

What is an injunction?

Answer 1

• an order of the court directing a party either to do something or refrain from doing something
• Qua timet injunction: where the applicant fears his rights will be infringed by defendant even though its not occurred yet
• s37 senior courts act 1981- power of high curt to grant injunctions

Question 2

Mandatory injunctions

Answer 2

• force someone to take positive action where they have an obligation to do so

Question 3

Prohibitory injunctions

Answer 3

Refrains the defendant from doing something he intends to do or threatens to do

Question 4

Freezing injunctions

Answer 4

Freezes some or all of the defendants assets to prevent the defendant from removing them from the jurisdiction or dissipating them to prevent enforcement of judgement against him
- called a mareva injunction- mareve compania Naviera SA

Question 5

Interim injunctions

Answer 5

Injunction granted before a full trial takes place to preserve the status quo or subject matter of the trial until the trial or a specific date
- called a interlocutory injunction

Question 6

Search orders

Answer 6

Injunction granted to compel the defendant to allow the claimant to search the defendants premises for infringing articles/items relevant to the trial
- Anton Piller order- anton piller KG v manufacturing process

Question 7

Specific performance

Answer 7

Granted to compel a defendant to perform the terms of the contract
- only awarded if damages are an inadequate remedy
- co-operative insurance society v Argyll stores
- cannot be granted to compel the performance of a contract for personal service e.g re employe a sacked employee

Question 8

Rectification

Answer 8

Used to correct mistakes in an instrument so that it accords with the true intentions of the party- Marley v Rawlings
Mistake- can only be used to correct a mistake

Question 9

Rescission

Answer 9

Used to nullify voidable contracts
Once voided its treated as its never come into force