Specific Performance Flashcards
(16 cards)
Q1: When do Jersey courts grant specific performance of a contract?
A1: Jersey courts grant specific performance as an equitable remedy when damages are inadequate, but they do not follow English law strictly, instead applying principles of équité (fairness).
Q2: Can Jersey courts grant specific performance for land transactions?
A2: No, specific performance is generally not granted for land transactions because land contracts must be passed before the court. (Gallichan v Gallichan, Taylor v Fitzpatrick).
Q3: What are the main reasons why specific performance is not granted for land sales in Jersey?
A3: (1) Oral land sale agreements are unenforceable (Guiton v de Gruchy, Romeril v Davis). (2) A signed contract is incomplete until passed before the Court, where both parties must take an oath (Taylor v Fitzpatrick).
Q4: What principle governs damages in Jersey contract law?
A4: The principle of restitutio in integrum, which seeks to restore the claimant to their financial position before the breach.
Q5: How does Jersey law approach causation in damages claims?
A5: The claimant must prove that the breach caused the loss. Loss of a “real or substantial chance” may also be recoverable (Beghins Shoes Ltd v Avancement Ltd).
Q6: What is the duty to mitigate loss in Jersey contract law?
A6: The injured party must take reasonable steps to reduce their losses. The defendant bears the burden of proving how the loss could have been mitigated.
Q7: What is the Jersey law position on remoteness of damages?
A7: Jersey follows English law (Hadley v Baxendale), allowing recovery for losses arising naturally from the breach or that were reasonably foreseeable at contract formation.
Q8: How does Jersey law compare to English and French law on termination for breach?
A8: Jersey follows English law, allowing termination without court intervention if the breach is fundamental (Hamon v Webster). In contrast, French law requires judicial approval unless there is a termination clause.
Q9: What case confirmed that Jersey law follows English principles on termination?
A9: Hamon v Webster confirmed that an innocent party may terminate a contract for a fundamental breach without court intervention.
Q10: Under what circumstances can force majeure lead to termination of a contract?
A10: A force majeure event preventing performance may justify termination (Hotel de France Ltd v Chartered Institute of Bankers).
Q11: What is waiver (rénonciation) in Jersey contract law?
A11: The innocent party may choose to affirm the contract instead of terminating it, retaining their rights under the contract.
Q12: What are the conditions for establishing waiver in Jersey law?
A12: (1) The party must have full knowledge of the breach. (2) The party must show a clear intention to affirm the contract (Fort Regent v Regency Suite, Hore v Valmorbida).
Statutory Remedies in Jersey Law
Q13: What remedies are available under the Supply of Goods and Services (Jersey) Law 2009?
A13: Specific performance, damages, contract repudiation, and additional consumer rights such as rejecting defective goods within six months.
Q14: What additional protections exist under the Consumer Protection (Unfair Practices) (Jersey) Law 2018?
A14: Prohibits unfair commercial practices like misleading advertising, aggressive sales tactics, and unauthorized trust marks.
Q15: Can a contract be automatically voided under the Consumer Protection Law?
A15: No, a contract is not automatically void or unenforceable due to a violation of the Consumer Protection (Unfair Practices) Law.
Final notes
Jersey law blends elements of both English and French law in contract remedies.
Specific performance is discretionary and typically unavailable for land transactions.
Damages follow the principle of restitutio in integrum and English precedents.
Termination generally follows English law but has some French influences.
Statutory consumer protections provide additional remedies beyond customary law.
