Personal Equitable Remedies Flashcards
(13 cards)
What are some Personal Equitable Remedies?
- Specific Performance
- Injunctions
- Equitable Damages
- Equitable Rescission
- Account of Profits
- Equitable Compensation
- Exemplary Damages (very rare)
Should Damages be inadequate for Specific Performance?
Yes
What are 2 things usually allows SP?
- Sale of Land
- Limited Goods
What if there is a lack of mutuality for SP?
- Courts will usually NOT impose SP on them
Will courts allow a SP if it requires continuous supervision?
NO
What is an Interlocutory Injunction?
- Order made before, or after court’s final determination of plaintiff’s action
What are 3 conditions for Injunction?
- Injunction sought must rest upon recognised ‘juridicial basis’
- Action is ‘likely to occur’ again
- Damages inadequate
What are Equitable Damages and what do they usually replace?
Where Injunctions are usually oppressive
Damages, also available for ‘mental distress’ for BOC cases
What is Equitable Rescission?
- Restoring parties’ position in OG position
What is a Constructive Trust?
- Where a party HOLDS a property belonging to another due to fraud or wrongdoing
What is Equitable Compensation and the Two Types it comes in?
Requiring Fiduciary to repay mismanaged person’s asset
Substitutive –> aims to substitute the value of lost asset
Reparative –> Focuses on loss suffered by principal
Are Exemplary Damages rare?
YES
What are some defences for Defendant in Equity?
Laches - delay –> Plaintiff ‘sleeping on their rights’
Acquiescence –> Leads defendant to reasonably believe their acts were accepted (focuses on plaintiff’s apparent agreement)
Unclean Hands –> Person seeking equity MUST NOT be tainted by conduct that is directly connected to the relief sought
Hardship –> Remedy would cause TOO much hardship to defendant
Effect on 3rd parties
