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Chapter 13 Looking for extra marks
Return to Equity and Trusts Concentrate 8e Student Resources
Chapter 13 Looking for extra marks
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What would be a suitable equitable remedy when a professional actor, essential for the film wants to breach their contract with a film maker and work on another film for more money?
Specific Performance
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An injunction
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A mandatory injunction
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Rescission
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How would the courts define a contract for a person who is engaged to build you a house to unique designs?
A contract for service.
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A contract of service.
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A contract for the sale of goods.
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A contract for the supply of goods and services.
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What is the purpose of a search order?
To find any useful evidence the other party may have.
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To find the assets which the other party has.
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Where a party believes that there will not be compliance with the disclosure of documents required by civil procedure then they can apply to the court for a search order to secure those documents.
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To obtain incriminating evidence.
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Where will the procedural requirements for a search order, which aims to make it compliant with Human Rights requirements.
In Article 8 European Convention on Human Rights.
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Anton Pillar KG v Manufacturing Processes
[1976]
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Human Rights Act 1998
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Section 7 Civil Procedure Act 1997
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What is the consequence for a failure to comply with an order for an equitable remedy?
Damages will have to be paid.
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There will be another court order to force you to comply
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Contempt of Court, under Contempt of Court Act 1981, which is a crime which may result in imprisonment.
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None, there are unenforceable as they are equitable.
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