Card Set Information

2012-12-10 10:03:20

Specific Performance
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  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