PRV3 200 Lecture Notes - Lecture 17: Specific Performance, Fiduciary, Reinsurance

• School: McGill University
• Department: Private Law 3
• Course: PRV3 200
• Professor: Mark Antaki

Document Summary

The basic remedy for breach of contract in common law is damages. But the rules of the law sometimes produce injustice. Legal system with the writs and the royal courts of justice, practicing lawyers and the inns of. Specific performance/remedy comes from the court of equity. So then we start seeing pleas on the basis of conscience = seniding your soul to damnation so the lord chancellor would save your soul from doing what is (cid:498)unconscionable(cid:499) Today: the judges can put on their common law or equity hats. In particular circumstances, looking at the proper obligation = fiduciary duty as opposed or a tort duty or contract duty. The judges and the law itself likes stating somewhat rhetorically, these maxims. What else is weird about equity so the methodology is very different from what we have been seeing throughout the class.