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Equity

  1. Similar to a mandatory injunction in that it mandates the performance of an obligation that arises under a contract of trust
  2. - 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]
  3. 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)
  4. 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)
  5. 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
  6. 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?
  7. 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
Author
Neevie
ID
188431
Card Set
Equity
Description
Specific Performance
Updated

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