JUDICIAL REMEDIES ESSAY

Question 1

paragraph one

Answer 1

A lien is a legal right to retain possession of a physical item as security for a debt or obligation. For example, if A delivers an iPhone to B for repair, B has a lien over the phone. If A tries to demand the return of the phone without paying for the repairs, B can refuse to return the iPhone until the repair payment is made. This right ensures that the party performing work or providing services can retain possession of the item until payment is received.

Question 2

case; paragraph one

Answer 2

Houldsworth v Clydesdale Bank (1917)
Facts: A bank had a lien over documents held as security for a loan that a customer had not repaid. The bank refused to return the documents until the loan was repaid.
Outcome: The court upheld the bank’s lien, confirming that the right to retain possession of an item until payment is due is legally enforceable

Question 3

paragraph two

Answer 3

Types of Judicial Remedies: Judicial remedies are legal solutions provided by the court when there has been a breach of contract or when a party seeks enforcement of rights. The primary types of judicial remedies include:
Declarator: A court order declaring the legal position or the meaning of the law on a specific issue.
Interdict: A court order preventing a person from doing something or requiring them to do something.
Specific Implement: A remedy where the court orders a party to perform their contractual obligations rather than just paying damages.
Decree for Payment: A court order requiring the payment of money owed under a contract.
Damages: Financial compensation for loss caused by a breach of contract.

Question 4

case; paragraph two

Answer 4

O’Connor v James S. Thomson & Co Ltd (1964)
Facts: O’Connor sought a declarator from the court regarding the interpretation of an agreement he had with James S. Thomson & Co. Ltd. The dispute revolved around whether the terms of a sale agreement were properly fulfilled.
Outcome: The court issued a declarator, providing clarity on the legal interpretation of the agreement and its terms.

Question 5

paragraph three

Answer 5

Repetition (return of money)
Define Restitution (return of goods or property)
Define Recompense (payment when return isn’t possible)
Findlay v Monro (1698 Mor 13,513)
🧾 What Happened:

Findlay delivered a horse to Monro, thinking Monro had bought it.
In fact, there was no valid contract between them.
Monro kept the horse without paying.
⚖️ Remedy:

The court ordered restitution — Monro had to return the horse to Findlay.