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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  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 
First establish that a contract exists
The acts relied on must be that of the plaintiff
- Lowry v Reid  - 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  - taking possession of land and making improvements
- Steadman v Steadman  - payment of money can constitute part-performance (husband and wife)
Contracts Requiring Supervision
- Posner v Lewis  (succeeded)
- Ryan v Mutual Tontine Westminster Chambers Association  (failed)
- similar cases regarding landlords covenants to employ porters
- Co-operative Insurance Society v Argyll Stores (similar to Argyll)
- Wanze Properties v Five Star Supermarket (1997)
Contracts to Build / Repair
Wolverhampton Corp v Emmons 
- Rainbow Estates ltd v Tokenhold Ltd - 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 -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 - 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 - Injunction sought to prevent D from performing elsewhere however she could not be forced to continue performing for D
- Warner Bros v Nelson - (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. 
- (similar to..)
- C.H Giles & Co v Morris - McGarry J - "strong relucatance rather than a rulew against ordereing SP of such contracts"
- Hill v C.A.Parsons & Co - 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
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