Similar to a mandatory injunction in that it mandates the performance of an obligation that arises under a contract of trust
- Damages must be an inadequate remedy
- Plaintiff must prove that damages would be inadequate
- A discretionary remedy
- Operates in personam
- Penn v Baltimore [1750] contract to fix the boundaries of Pennsylvania and Maryland where P owned Pennsylvania and D owned Maryland. So long as the defendant is within the courts jurisdiction SP may be granted
Plaintiffs must prove existence of a contract
- Supermacs Ireland v Katesan [2000]
Part Performance
First establish that a contract exists
The acts relied on must be that of the plaintiff
Lowry v Reid [1927]- acts must refer to performance of contract.-Son acted on the promise by his mother which she later revoked in her will
Starling Securities v Woods [1977] - taking possession of land and making improvements
Steadman v Steadman [1976] - payment of money can constitute part-performance (husband and wife)
Contracts Requiring Supervision
Posner v Lewis [1987] (succeeded)
Ryan v Mutual Tontine Westminster Chambers Association [1893] (failed)
similar cases regarding landlords covenants to employ porters
Co-operative Insurance Society v Argyll Stores [1998](similar to Argyll)
Wanze Properties v Five Star Supermarket (1997)
Contracts to Build / Repair
Wolverhampton Corp v Emmons [1901]
Rainbow Estates ltd v Tokenhold Ltd [1999]- SP granted to a landlord of a tenants covenant to repair. landlord was not able to enter property due to terms of contract
Jeune v Queens Cross Properties Ltd [1974]-tenants alleged landlord was in breach of covenant to repair a balcony after it partially collapsed. SP was ordered of the contract to repair
Posner v Scott-Lewis [1987]- contracts requiring supervision
Mervyn Davies J -
1. Definition of what has to be done - sufficient?
2. What degree of superintendance by the court is necessary - unacceptable level?
3. What hardships / prejudices would be suffered by the parties if SP is oredered?
Contracts involving the Provision of Personal Services
Lumley v Wagner [1852]- Injunction sought to prevent D from performing elsewhere however she could not be forced to continue performing for D
Warner Bros v Nelson [1937]- (Bette Davis) Negative contractual obligations was enforced. However D was able to perform other non-acting less lucrative work
Lift Manufacturers Ltd v Irish Life Assurance Co. [1979]
(similar to..)
C.H Giles & Co v Morris [1972]- McGarry J - "strong relucatance rather than a rulew against ordereing SP of such contracts"
Hill v C.A.Parsons & Co [1972]- employer restrained from firing employee due to pressure put on him by trade union when employee refused to join. Trust and confidence still existed between employer and employee