Equitable Remedies Flashcards
(53 cards)
What are the 6 categories of equitable remedy?
Specific performance IMI IPI Freezing order Search order Account of profits
What are the 4 types of injunctive relief?
Prohibitory injunction Interim prohibitory injunction Mandatory injunction Interim mandatory injunction * Some of these are available with and without notice
Will an contract for land be obligated under SP?
Yes as unique - Verral v Great Yarmouth
When will a contract for property be enforced with SP?
- If the property is unique
- If damages would not suffice
Pusey v Pusey
King Canute’s hunting horn is unique
Falcke v Gray
Ming vase judged to be unique as item of ‘unusual beauty, rareity and distinction’ so would be very hard to obtain elsewhere
Cohen v Roche
SP for Hepplewhite Chairs not obligated as classed as ‘an ordinary article of commerce’
Behnke v Bede
SP possible if the item has a ‘unique value to the claimant’ - In this case a bespoke ship
Sky Petroleum v VIP
Due to OPEC oil crisis property could not be obtained elsewhere so damages were insufficient to remedy breach
Neville v Wilson
Stocks and shares not on market were judged a personalty so SP was available
When will the court use SP to enforce a contract for services?
- Verral v Great Yarmouth;
- Where damages unquantifiable so inappropriate
- Where no alternative service so judged to be unique
Co-op v Argyll Stores
SP will not be granted where it would require constant supervision as the court would be required to provide a series of indefinite quasi-criminal rulings for contempt of court
- This would overburden the courts
- lord hoffman
Ryan v mutual tontine
A contract will not be enforced where it would require ‘constant supervision’
- if it is a one off contract the courts may enforce it
De Francesco v Barnum (in relation to contract for services)
Equity will not enforce contracts where it would be akin to enforcing a contract for slavery. However whether this is a contract for slavery is a question of nature of the services and payment - LJ Fry
CH Giles v Morris
Equity will not enforce performance where it would result in imperfections in performance. Equity will not act in vain. Megarry J provided the example of a singer. it would be hard to enforce such a contract as the singer could perform very poorly and this would still be performance of the contract
Will equity enforce a contract for employment?
No - S236 TULRA 1992
De Francesco v Barnum - Equity will not enforce a contract for slavery
What general defences are there to a grant of SP?
Mutuality - Lumley v Ravenscroft
Clean hands - Coatsworth v Johnson
Delay - Eads v Williams
Hardship - Patel v Ali
Quia timet
A pre-emptive injunction for where a right will be infringed imminently
General defences to the award of an injunction
Claimants conduct - Measures v Measures
Delay - Bulmer v Bolinger
Acquiescence - Shaw v Applegate
Hardship - Maythorn v Palmer (hardship to 3rd party)
Prohibitory injunction
- Awarded at the discretion of the court
- Will not be awarded i f damages are adequate
- Will not be awarded if breaches an equitable maxim
Mandatory injunction
- Awarded at discretion of the court
- Rare remedy as most IMI are better awarded as SP of an obligation under a contract
How is an IPI awarded?
American Cyanamide guidelines;
- Claim is not frivolous or vexatious
- Where does the balance of convenience lie? (damages/undertaking/ability to pay)
- If no balance of convenience then maintain the status quo
Morning Star v Express Newspapers
Frivolous or vexatious claim will be rejected
Other factors the court will consider in awarding an IPI;
- Loss of employment - Fellows and Son v Fisher
- Damage to goodwill of a business - Associated Newspapers v Insert Media
- Closing down of a business - Potters-Ballotini v Weston-Baker
- Preserving a substantial investment - Catnic v Stressline
