Page 74 - Microsoft Word - 00 Prelims.docx

Chapter 2

Equitable remedies

The court can decide whether or not to award an equitable remedy, unlike damages
which must be paid if a party proves their case.

Equitable remedies are a discretionary remedy and will not be granted if:

 Damages are an adequate remedy

 The claimant has acted unfairly

 The claimant has unduly delayed bringing an action to court.

Specific performance Requires someone to perform their contractual
obligations. Not available for personal service
contracts. It enforces positive covenants within the
contract.

Injunction Orders someone to do something or not to do
something. It enforces negative covenants within the
contract.

Rescission Restores the parties to their exact pre-contractual
position.

70