Finals - Other Remedies & Case Recap Tort Flashcards
(15 cards)
What is Specific Performance?
A court order requiring a party to perform their contractual obligations, typically used when damages are inadequate.
Specific performance is often sought in real estate transactions where unique properties are involved.
When is Specific Performance not available?
When the contract involves personal services, requires constant supervision, or where performance would cause hardship.
Example case: Co-operative Insurance v Argyll Stores.
Case limiting Specific Performance due to constant supervision?
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] – SP refused as it would require continuous supervision.
This case highlights the court’s reluctance to enforce contracts that demand ongoing oversight.
What is an Injunction in contract law?
A court order to do (mandatory) or not do (prohibitory) something; can enforce negative contractual obligations.
Injunctions can be critical in preventing breaches of contract.
Key case for enforcing a negative covenant via injunction?
Warner Bros v Nelson [1937] – actress (Bette Davis) was restrained from working elsewhere in breach of contract.
This case illustrates the enforcement of negative covenants in contracts.
What is an action for an agreed sum?
A claim to recover a fixed sum that the contractually bound party has promised to pay (not dependent on loss or breach).
This type of action ensures that parties fulfill monetary obligations regardless of other factors.
Case example for action for agreed sum?
White v McGregor – Claimant entitled to the agreed sum as performance had been completed.
This case demonstrates the enforceability of fixed monetary agreements.
Key case for Private Nuisance (interference with land)?
Hunter v Canary Wharf [1997] – claim must be by someone with legal interest in land; TV signal interference not actionable.
This case clarifies the standing required for nuisance claims.
Case showing sensitivity of the claimant isn’t relevant in nuisance?
Network Rail v Morris [2004] – interference with electric guitars too sensitive/unforeseeable.
The ruling emphasizes that reasonable foreseeability is crucial in nuisance claims.
Leading case on Harassment under the Protection from Harassment Act 1997?
Majrowski v Guy’s and St Thomas’ NHS Trust [2006] – employer vicariously liable for harassment by employee.
This case established important precedents regarding employer liability for employee actions.
Case balancing privacy and public interest in media?
Campbell v MGN Ltd [2004] – Naomi Campbell’s drug rehab details were private; publication breached Article 8 rights.
This case illustrates the tension between privacy rights and freedom of the press.
Test for Defamation set out in?
Sim v Stretch [1936] – statement must lower claimant in the estimation of right-thinking members of society.
This case is foundational in defining the standard for defamation claims.
Case clarifying serious harm requirement in Defamation Act 2013?
Lachaux v Independent Print Ltd [2019] – confirmed ‘serious harm’ means actual or likely serious harm to reputation.
This ruling refined the criteria for proving defamation under the updated Act.
Key case for Rylands v Fletcher liability?
Transco plc v Stockport MBC [2003] – narrowed rule to non-natural use posing exceptional risk.
This case limited the scope of liability under the Rylands v Fletcher doctrine.
What must be shown under Rylands v Fletcher?
(1) D brought something onto land, (2) non-natural use, (3) it escaped, and (4) caused foreseeable damage.
These elements are essential for establishing liability under this legal principle.
