ACCA LW ^Eng Syllabus B. The Law Of Obligations - Analyse The Equitable Remedies For Breach Of Contract - Notes ^{4 / 4}

These are where the common law remedies aren't enough - they are based on fairness

Therefore, the claimant must also have been fair (innocent)

Types of Equitable Remedy

1. Specific Performance

   This is the court ordering someone to complete their contractual obligations 

   It will to be made if:

    
    Where minors are involved

   1. Court can't ensure the performance over a period of time

   2. Where a contract is for personal service (for reasons above)

2. Injunction

   This is enforcing a contract of NEGATIVE restraints. 

   So this means stopping people continuing to break their obligations (often personal service)

   • The case for this is Warner Bros v Nelson

3. Recission

   This means putting the parties back to where they were BEFORE the contract

   Four conditions must be met:

   1. It must be possible to take parties back to their pre-contract conditions

   2. This right to recession was made within a reasonable time

   3. The contract hasn't been affirmed by 1 party

   4. An innocent 3rd party isn't affected (ie they've now got the goods in the contract)