remedies for breach of contract in equity

What is specific performance?

- a court order that compels a party to fulfil their obligations as stated in a contract. Instead of the usual remedy of awarding damages (money), the court requires the breaching party to do exactly what they promised to do.

What is an inadequate remedy?

-monetary damages are insufficient to fully compensate an injured party for a breach of contract

What are the rules for specific performance?

- Damages must be an inadequate remedy

- Must not involve the personal service of the defendant

-   Must not require constant supervision of the court or be too vague

-   Must not impose severe hardship on the defendant e.g. commercial or personal hardship

-Claimant must ‘come with clean hands’ and contract must not be unfair

---

what does the election to affirm a contract mean?

-after contract is breached, party wants to continue to enforce contract rather than terminate it 

what is a repudiation?

-the refusal to fulfil a contract

what is the difference between specific performance and an injunction?

-Specific performance- the claimant can ask the court to order the defendant to perform his promise; the defendant will then be in contempt of court if he does not then perform

-injunction- the court orders the defendant not to do something

why is a claimant normally only entitled to claim damages for ‘non delivery’ 

- can usually take his damages and purchase similar goods elsewhere.

why are damages not always an adequate remedy? 

-if for example claimant cannot buy supplies elsewhere due to crisis e.g.. oil crisis

-  an exemption clause in the contract excludes or seriously limits the damages which may be awarded.

what is a interim injunction?

   - a temporary measure designed to give relief until a full hearing can be arranged and a final order made.

why are contracts of personal service not normally specifically performable?

-to make a court order to compel a person to work for somebody they do not want to work for would be an undue restriction on personal liberty.

what is mutuality?

- if one party wants to claim specific performance, then the other party must have been able to match this by claiming specific performance himself (it is not necessary that the other party does actually claim specific performance, just that he would have had the option to do so)

what does discretion mean?

-the authority granted to legal professionals eg. judges, to make decisions based of their own judgement within legal context.