Identify and explain any TWO (2) equitable remedies under the law of contract.
(8 marks)

 

The following are some equitable remedies:

  • Specific performance: This is a judicial order to the promisor to undertake the performance to which they obligated themselves in a contract. The injured party asks the court to order the other party to perform the promise made. Specific performance is an alternative remedy to damages and may be issued at the discretion of the court.
  • Rescission: This is an order that seeks to restore the parties to their original status before the contract was made. In an action for rescission, the injured party asks the court to declare the contract void and return the contracting parties as near as possible to the positions they had prior to entering the contract.
  • Injunction: This is a court order directing a person to stop doing something that they should not do. In an action for injunction, the injured party asks the court to restrain or enjoin the party in breach from certain activities.

(1 mark each for correct identification of any 2 remedies; and 3 marks for explanation of each of the 2 remedies identified = 8 marks)