JSB171 Lecture Notes - Lecture 1: Berlin Outer Ring, Deed, Executory Contract
Document Summary
Outline for instalment contract questions: relief, statutory relief: pla ss 72 & 75 (deposit < 10%, equitable relief. Specific performance: damages inadequate, discretionary factors, hardship, mutuality, etc, depends on existence of binding contract: s 59 pla, part performance, specific performance or damages in lieu (lord cairns" act, estoppel. Equitable jurisdiction: generally equity does not interfere with contractual obligations, but it will not allow a person to enforce their strict legal rights, where to do so would be unconscionable: legione v hately. = punishment for non-observance of contract. (usually money: if agreed damages clause acceptable, if amount owed is not proportionate to the loss suffered penalty (unconscionable): dunlop pneumatic, remedy = no obligation to pay/return of money. Breach of non-essential term: prima facie penalty equity will relieve, whether it is an essential term or not depends on whether the parties would have entered into the contract in its absence: associated tramways. = payment of final purchase price over instalments.
