Contract Law: Specific Performance and Injunctions
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Contract Law: Specific Performance and Injunctions

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Questions and Answers

Why will an injunction not be granted in certain cases of contractual promises?

  • It is considered an outdated legal principle.
  • It would violate the terms of the contract.
  • It might lead to financial loss for the enforcing party.
  • It would force the party to perform a positive promise. (correct)
  • In the case of Lumley v Wagner, what type of promise did W breach?

  • An implied promise
  • A negative promise
  • A conditional promise
  • A positive promise (correct)
  • What was the outcome of the court's decision in Lumley v Wagner regarding the negative promise?

  • An injunction was issued to prevent breach. (correct)
  • A monetary penalty was imposed.
  • The injunction was denied.
  • W was ordered to pay damages.
  • What does the reasoning imply about a party's ability to earn a living when an injunction is applied?

    <p>The party can still pursue other legitimate ways to earn income.</p> Signup and view all the answers

    What critical issue arises regarding the reasoning for granting injunctions in contract law?

    <p>If it reflects current societal norms.</p> Signup and view all the answers

    What is the primary purpose of equitable remedies?

    <p>To offer remedies when common law remedies are insufficient</p> Signup and view all the answers

    Under what circumstance will specific performance not be ordered?

    <p>When repetitive court supervision is required</p> Signup and view all the answers

    Which of the following is an example of a situation where damages would not be adequate?

    <p>A unique piece of art</p> Signup and view all the answers

    What was the outcome in the case of Dougan v Ley concerning specific performance?

    <p>L was entitled to an order of specific performance</p> Signup and view all the answers

    Why might a court deny equitable remedies?

    <p>An identical item is available elsewhere</p> Signup and view all the answers

    What type of remedy is specific performance considered to be?

    <p>Equitable remedy</p> Signup and view all the answers

    Which of the following describes the role of injunctions in equitable remedies?

    <p>They are used to prevent a party from taking action</p> Signup and view all the answers

    Under what circumstance is specific performance generally not ordered?

    <p>If the contract requires ongoing performance over an extended period</p> Signup and view all the answers

    What is meant by saying that equitable remedies are not available 'as of right'?

    <p>They require court discretion to be awarded</p> Signup and view all the answers

    What is an injunction primarily used for?

    <p>To prevent a threatened or continuing breach of contract</p> Signup and view all the answers

    In the case of JC Williamson v Lukey, what was the key reason specific performance was not granted?

    <p>The parties’ relationship had soured</p> Signup and view all the answers

    What might indicate that specific performance would be inappropriate?

    <p>The item in question is widely available</p> Signup and view all the answers

    What might prevent an injunction from being granted?

    <p>If damages are deemed adequate</p> Signup and view all the answers

    What was the contractual term that B was restricted by in Buckenara v Hawthorn Football Club?

    <p>Not to play for other clubs while contracted</p> Signup and view all the answers

    Which of these is NOT a characteristic of specific performance?

    <p>Only applies to monetary transactions</p> Signup and view all the answers

    What does the term 'indirect enforcement' refer to in the context of injunctions?

    <p>Enforcement of promises that are generally unenforceable</p> Signup and view all the answers

    Study Notes

    Limited Taxi Licenses

    • Limited taxi licenses can affect the availability in the market.
    • Awarding damages may be insufficient, leading to the need for specific performance.

    Specific Performance Overview

    • Specific performance is a remedy that orders a party to fulfill their contractual obligations.
    • Not suitable when ongoing relationships requiring future cooperation are involved.

    JC Williamson v Lukey Case

    • W leased a confectionary shop next to a theatre to L with exclusive selling rights.
    • Three years into the lease, W breached the contract by allowing another seller.
    • L sued for breach, but specific performance was deemed unavailable due to the need for continuous oversight and a souring relationship.

    Injunctions Explained

    • Injunctions are orders preventing a party from acting in a certain way, useful for stopping or preventing contract breaches.
    • They are only granted when damages are not an adequate remedy.
    • Cannot enforce a promise that a court would not uphold through specific performance.

    Buckenara v Hawthorn Football Club Case

    • B was under contract not to play for other clubs while with HFC.
    • HFC sought an injunction to prevent B from playing for other teams.
    • The court granted the injunction, as it didn't force B to play for HFC but just prevented him from breaching the contract.

    Lumley v Wagner Case

    • W had a contract to sing at L's theatre, including a negative promise not to perform elsewhere.
    • W breached the positive promise and threatened the negative promise.
    • An injunction was granted to restrain W from breaching the negative promise, as it didn't enforce a performance that the court wouldn't support with specific performance.

    Equitable Remedies Overview

    • Courts of Equity provide remedies when common law remedies (like damages) are inadequate.
    • Examples include specific performance and injunctions.

    Specific Performance in Detail

    • Specific performance requires the party in breach to fulfill their obligations.
    • Not ordered when damages suffice, when continuous supervision is needed, or when personal relationships or goodwill are central.

    Understanding Damages Adequacy

    • In general, damages are acceptable for ordinary goods since they can be replaced.
    • If goods are unique, like a one-of-a-kind vase, damages are inadequate, justifying specific performance.

    Dougan v Ley Case

    • D sold a taxi and its operating license to L but later refused to perform the contract.
    • L was entitled to specific performance as damages wouldn't adequately compensate for the specific value of the taxi operation.

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    Description

    This quiz explores the concepts of specific performance and injunctions within contract law. It highlights the case of JC Williamson v Lukey, discussing the implications of limited taxi licenses and the limitations of granting specific performance. Test your understanding of these legal remedies and their applications.

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