#17469 - Contract Law Vitiating Factors Other Remedies Specific Performance, Personal Services, Discretionary Remedies, Recission, Rectification - Contract Law: Vitiating Factors

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.