Specific Performance and Injunctions

Question 1

What does a Specific Performance and Injunction do?

Answer 1

• Order by court to compel party to perform contractual obligations

Question 2

When is a SP and Injunction provided?

Answer 2

• Common law remedies such as damages are INADEQUATE

Question 3

Difference between Specific Performance and Injunctions?

Answer 3

• SP is a +ve obligation whereas I is a -ve obligation

Question 4

What type of items are SP usually granted?

Answer 4

• Rare items such as limited collectables, LAND

Question 5

When may SP be rejected?

Answer 5

• Required continuous court supervision
• Contract involves PERSONAL services
• Unreasonable delay
• Plaintiff ALSO breached contract
• Impossible, illegal or futile to perform
• Contract is affected by plaintiff’s unfair conduct
• It would cause hardship to defendant or 3rd party
• NO Mutuality (both parties could NOT get SP)

Question 6

What is a leading case for Injunctions?

Answer 6

Curro v Beyond Productions

Question 7

When can Equitable Damages be claimed?

Answer 7

• If Common Law DAMAGES can’t be claimed
• Lack of formalities
• Where CASH payment is more easier than specific performance/injunction