JSB171 Lecture Notes - Lecture 1: Bone Tumor, Oral Contract, J. C. Williamson
Document Summary
Equitable v common law remedies: equitable remedies flexible more scope than at cl, cl remedies basically limited to damages, discretionary and not as of right court looks to conduct and may impose conditions: riches v. Order directed personally against the defendant: exclusive jurisdiction equitable remedy for equitable right (eg breach of fiduciary duty, auxiliary jurisdiction equitable remedy for cl right (eg specific performance for breach of contract) Must show that cl remedy is inadequate. = order of the court directing a party to perform obligations under a contract: discretionary, equity"s auxiliary jurisdiction equitable remedy for cl right must prove that cl damages are inadequate. It can be awarded in either its proper sense to executory contracts, or in its wide sense to executed contracts: j c williamson v lukey v mulholland. Requirements: valid binding contract, contract valid & enforceable , offer, acceptance, consideration, certainty, intention to create legal relations, not an illegal contract, formalities: s59 pla, exceptions .
