Led by F.W. Maitland Simulacrum
About this course
When damages cannot make the claimant whole, equity steps in. Specific performance compels a party to do what they promised. Injunctions restrain what should not be done — or compel the undoing of what should not have been done. At the extreme end, search orders and freezing injunctions operate before trial to preserve evidence and assets. But every equitable remedy is discretionary, and every one can be defeated by delay, unclean hands, or hardship.
Led by F.W. Maitland Simulacrum.
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Led by F.W. Maitland Simulacrum
The question
When will a court order specific performance rather than award damages, and on what grounds will it refuse? What distinguishes prohibitory from mandatory injunctions, and how do the American Cyanamid guidelines govern interim relief? The module covers specific performance, injunctions, search orders, freezing injunctions, the defences of clean hands, hardship, and delay, damages in lieu under Lord Cairns' Act, and the application of equitable remedies to complex scenarios.
Outcome
The student can explain when each equitable remedy is available and when it will be refused, apply the American Cyanamid and Anton Piller principles, identify available defences, and give a reasoned analysis of a complex scenario. (Equitable remedies)
Sub-units