judicial remedies Flashcards
(10 cards)
what is lien
retention of a physical thing e.g if A delivers iPhone to B for repair, which B repairs. if A tries to demand the return, without paying, B can refuse the return and iPhone until Bs repairs are paid for.
What are the types of Judicial Remedies?
Declarator
Interdict
Specific implement (ad factum praestandum)
Decree for payment
Damages for loss arising from breach of contract
declarator?
Declarator is an order of the Court ‘declaring’ what the law is.
Eg Parties might dispute what is the proper interpretation of a contract (which is a legal) question, and one or other party could ask the court for declarator.
interdict?
An interdict is a legal order from a court that stops someone from doing something or requires them to do something. It’s like a legal “stop” sign that prevents a person or organization from continuing certain actions.
interim interdict?
An interim interdict is a temporary version of this order. It’s used when something urgent needs to be stopped right away before the court can make a final decision
what happens if there is a failure to comply with an interdict or interim interdict
may constitute a contempt of court,A contempt of court is ultimately punishable by imprisonment.
specific implement meaning
specific implement refers to a legal remedy where the court orders the party who breached the contract to carry out their obligations as agreed, rather than just paying for any damages caused by the breach.
case; specific implement
Retail Parks Investments Ltd (RPI) and Royal Bank of Scotland (RBS) were involved in a contract for the sale of a piece of property.
The contract required RBS to sell certain properties to RPI for a specified price.
After the contract was signed, RBS sought to back out of the deal, arguing that the terms had changed and that the sale should not go through.
RPI, on the other hand, wanted the deal to proceed and insisted that RBS carry out its obligations under the contract (i.e., selling the property as agreed) ruled in favor of specific implement, meaning it ordered RBS to carry out the sale of the property as originally agreed.
damages meaning
Awards of damages are related to loss suffered.
actions for payment meaning
Actions for payment simply refer to legal steps taken to force someone to pay money they owe.
For example, if you lend money to someone or if a contract requires someone to pay you for goods or services, but they don’t pay, you can take legal action for payment.
