CON_LCTR_13

CON_LCTR_13 - Contract Law Click to edit Master subtitle...

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Click to edit Master subtitle style 9/26/11 Contract Law Lecture 13 Contract Law 2010-11 Semester II
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9/26/11 EQUITABLE REMEDIES
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9/26/11 SPECIFIC ORMANCE
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9/26/11 § What is specific performance?
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9/26/11 LIMITATIONS ON THE § Inadequacy of damages § Discretionary § Equitable maxims § Hardship to the defendant § Mutuality of the remedy § Vagueness of the contract
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9/26/11 CONTRACTS WHICH ARE § Contract to perform a personal service § Contracts requiring constant supervision
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9/26/11 Co-operative Insurance Society Constant supervision “It is the possibility of the court having to give an indefinite series of. ..rulings in order to ensure the execution of the order which has been regarded as undesirable” “to carry on an activity” cf: “to achieve a result” Potential injustice “...an order requiring the defendant to carry on a business. ..may cause injustice by allowing the plaintiff to enrich himself at the defendant’s expense . The loss which the defendant may suffer through having to comply with the order (for example, by running a business at a loss for an indefinite period) may be far greater than the plaintiff would suffer from the contract being broken.”
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9/26/11 A better alternative “...it cannot be in the public interest for the courts to require someone to carry on business at a loss if there is any plausible alternative by which the other party can be given compensation. It is not only a waste of resources but yokes the parties together in a continuing hostile relationship . The order for specific performance prolongs the battle . If the defendant is ordered to run a business, its conduct becomes the subject of a flow of complaints, solicitors’ letters and affidavits
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This note was uploaded on 09/26/2011 for the course LAW LLAW1006 taught by Professor Ng during the Spring '11 term at HKU.

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CON_LCTR_13 - Contract Law Click to edit Master subtitle...

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