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Equity: Remedies

Quiz by samparkin92
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Last updated: October 24, 2023
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First submittedOctober 24, 2023
Times taken1
Average score47.4%
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Hint
Answer
 
What remedy allows a contract to be reversed?
Recession
How must D act in order to claim it?
Unconscionably
What remedy means the court will give clarification on an issue?
Declaration
Two cases where this occurred?
Cowan v Scargill [1985]
Cotton v Earl of Cardigan [2014]
What are the two types of monetary compensation?
Equitable compensation
Definition
Aims to return trust to a position it would have been in had breach not occurred
Account of profits
Disclose any profits made at request
What remedy requires D to carry out their obligation?
Specific performance
Hint
Answer
 
When will the court NOT enforce this?
When it is Inequitable or unenforceable
What is the punishment if one does NOT carry this out?
Contempt of court
Two main types of injunction?
Prohibitory (Stop doing/ delay an act)
Example
Mareva- stop moving assets out of reach of C
Mandatory (Carry out positive act)
Anton Piller order- search/seize order
 
Buttle v Saunders [1950]
What injunction occurs at a point during the case?
Interim
What injunction occurs at the end of a case?
Final
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