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Contract Law Vitiating Factors Other Remedies Specific Performance, Personal Services, Discretionary Remedies, Recission, Rectification Notes

BCL Law Notes > Contract Law: Vitiating Factors Notes

This is an extract of our Contract Law Vitiating Factors Other Remedies Specific Performance, Personal Services, Discretionary Remedies, Recission, Rectification document, which we sell as part of our Contract Law: Vitiating Factors Notes collection written by the top tier of University College Dublin students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Law: Vitiating Factors Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

REMEDIES other than damages.

• Damages is the most common but not the only possible remedy

• Most sought after
SPECIFIC PERFORMANCE

• Rather than recovering a sum of money, you're requiring the other side to specifically perform the contract

• What's the advantage? Under the original contract, they're required to do x, y and z and they failed.

• This order is a court order

• Not a contractual obligation anymore

• In breach > contempt of court.

• Penalty? Imprisonment
Equitable remedy
- discretionary
- at the discretion of court rather than provided to you by right.

• Where will s.p be sought? Where damages are unsatisfactory

• Subject matter usually unique. (contract to sell a property)> unique because no two acres of property are the same for example.
Particularity.

• Surrounding circumstances relevant > If the subject matter has become scarce for example

Sky Petroleum
Contract to supply petrol and Ds refused to comply. Ordinaryily youd sue for damages and get supply elsewhere.
However, there was a scarcity of petrol involved > wanted the specific contract to be enforced and you must
- Argue that damages aren't a satisfactory/ proper remedy.
Court agreed.

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