* not completed

. Which of these is not an equitable remedy?

Specific performance. correct incorrect

Damages. correct incorrect

Injunction. correct incorrect

Rescission. correct incorrect

* not completed

. When will the courts grant an equitable remedy?

When the claimant asks for one. correct incorrect

When the court decides it is the best remedy. correct incorrect

When damages are inadequate at the discretion of the court. correct incorrect

When the respondent has no money to pay damages. correct incorrect

* not completed

. Why was specific performance granted in Sky Petroleum v VIP Petroleum [1974] 1 All ER 954?

Because there had been a breach of contract to supply petrol. correct incorrect

Because the petrol was unique. correct incorrect

Because the claimant wanted that petrol in particular. correct incorrect

Because, although petrol is not in itself unique, during the petrol shortage the claimant could not obtain petrol from an alternative supplier. correct incorrect

* not completed

. Why would the court not award specific performance in Co-operative Insurance Society Ltd v Argyll Stores Ltd [1988] AC 1?

Because the service was not unique. correct incorrect

Because damages would be adequate. correct incorrect

Because the order would need constant supervision, meaning the court would have to keep enforcing the order. correct incorrect

Because it would be contrary to human rights to enforce a personal service. correct incorrect

* not completed

. What is not a type of injunction?

Rescission correct incorrect

Mandatory correct incorrect

Propitiatory correct incorrect

Quia timet correct incorrect

* not completed

. What are the requirements for granting an interim injunction?

A good arguable case. correct incorrect

A serious question to be heard and damages are inadequate. correct incorrect

Damages are inadequate and justice requires immediate action. correct incorrect

There is a serious question to be tried; that damages are inadequate and the balance of convenience requires the grant of an injunction. correct incorrect

* not completed

. Which is the correct authority to use for the principle that in awarding an interim mandatory injunction the courts need a 'high degree of assurance' that the grant of an injunction would be correct when the case came to trial.

Evans v BBC and IBA The Times, Feb 26 1974 correct incorrect

Locabail International Finance v Agroexport [1986] 1 WLR 657 correct incorrect

American Cyanamid Co v Ethicon Ltd [1975] AC 396 correct incorrect

Shepherd Homes v Sandham [1970] 3 All ER 402 correct incorrect

* not completed

. Which of these are the correct requirements for the court granting a search order?
i - An extremely strong prima facie case
ii - Extremely serious potential (or actual) harm to claimant
iii - Clear evidence that the information or items, which are the subject matter of the order, are in (d)'s possession.
iv - A solicitor must be present at the time of the search
v - A real possibility that they will be destroyed or removed without such an order
vi - A full and frank disclosure by the claimant of all material matters in the case.

i, ii, iii, v, and vi only correct incorrect

All are requirements correct incorrect

i, iii, iv, and v only correct incorrect

ii, iii, iv, v, and vi only correct incorrect

* not completed

. What principle can be taken from the decision in Attn General v Times Newspapers Ltd [1992] 1 AC 191?

That a freezing order is a proprietary remedy. correct incorrect

That the requirements for a grant of a freezing order are:
a) There is a 'good arguable' case;
b) The defendant has assets in the jurisdiction; and;
c) There is a real risk that without the order the assets will be removed or dissipated. correct incorrect

That the action of a freezing order is personal and if assets are frozen in a bank account the manager cannot allow the defendant to access the account. correct incorrect

Assets can be frozen outside the UK. correct incorrect

* not completed

. Which is the correct authority for the principle that rescission will be barred when third party rights are affected?

Long v Lloyd [1958] 2 All ER 402 correct incorrect

Leaf v International Galleries [1950] 2 KB 86 correct incorrect

Erlanger v New Sombrero Phosphate Co (1873) 3 App Cas 1218 correct incorrect

Phillips v Brooks [1919] 2 KB 243 correct incorrect