Equitable Remedies

Specific performance

This is a court order compelling someone to perform their obligations under a contract.

damages alone must be inadequate

Beswick v Beswick

An uncle sold his business to his nephew in return for an annual allowance to be paid to himself and, after his death, to his widow. The uncle died and the nephew refused to pay the widow. The Court ordered specific performance, compelling the nephew to pay.

Patel v Ali

C asked for specific performance on a contract for the sale of a house. The Court refused as D was now subsequently suffering from serious health issues. She needed to be near her friends and family for help with day to day activities and moving house would have caused her personal hardship.

Ryan v Mutual Tontine

The lease of a flat promised tenants that a resident porter would be “constantly in attendance”. The porter was frequently absent. Specific performance of this term was refused as it would require a level of constant supervision by the court.

Co-op v Argyll Stores

Ds had a 35-year lease to operate a supermarket. It was making a loss so Ds decided to close it. This was in breach of the contract. The Court refused to order specific performance; it would not compel a business to continue trading, especially at a loss.

Injunction

An injunction is usually a court order instructing someone not to do something.

Lauritzencool v Lady Navigation

There was a commercial dispute about a time charter (shipping hire contract). The shipowners alleged that the hirers had breached certain duties under the contract and so wanted to withdraw early from the agreement. The Court issued an interim injunction against the shipowners preventing them from withdrawing their ships until the dispute had been resolved by arbitration.

Rescission

This is an order of the court which sets the contract aside and returns the parties to the position they were in before the contract was made. It is remedy commonly available for misrepresentation.

Consumer remedies

Under CRA 2015

Under UCTA 1977