- 6 Marks
Question
Equitable remedies are not granted as of right but at the discretion of the court.
Required:
Explain THREE (3) discretional remedies that could be granted by the court.
(6 marks)
Answer
- Injunctions: Injunctions are equitable remedies granted at the discretion of the court. They come in two main forms:
- Prohibitory Injunction: Prevents a party from doing something.
- Mandatory Injunction: Compels a party to perform a specific act. Injunctions can also be quia timet (preventive), final, or interim.
- Specific Performance: Specific performance is a court order compelling a party to fulfill their obligations under a contract. It is an alternative to damages and is granted at the court’s discretion when damages are inadequate.
- Restitution: Restitution involves restoring a party to the position they were in before a contract was breached. It ensures that a party who has been unjustly enriched at the expense of another is required to return what was gained.
(3 points well explained @ 2 marks each = 6 marks)
- Tags: Court Discretion, Equitable Remedies, Injunctions, Restitution, Specific Performance
- Level: Level 1
- Topic: Sources of Law
- Series: MAY 2020
- Uploader: Dotse