Chapter 24 Self-test questions

* not completed

. In which of the following instances is a court likely to find the remedy of damages inadequate compensation for the claimant such as to give rise to a possible claim for specific performance? Select all that apply.

Where the defendant has acted willfully in breaching the contract correct incorrect

Where the defendant is unwilling to pay the assessed damages correct incorrect

Where the claimant is only entitled to nominal damages on the facts correct incorrect

Where the loss the claimant has suffered is impossible to prove or to quantify correct incorrect

* not completed

. Is the inadequacy of damages necessary and/or sufficient to result in an award of specific performance?

Necessary and sufficient correct incorrect

Necessary, but not sufficient correct incorrect

Sufficient, but not necessary correct incorrect

Neither necessary, nor sufficient correct incorrect

* not completed

. The courts have traditionally refused to grant an order of specific performance that would require "constant supervision" by the court. In the light of Lord Hoffmann's speech in Co-operative Insurance Society Ltd v. Argyll Stores (Holdings) Ltd [1998] AC 1, what does "constant supervision" actually mean?

The ongoing administration of the specific performance order by the courts who may be called upon by the parties to give an indefinite number of rulings on whether the order has been breached correct incorrect

The ongoing policing of the specific performance order by the officers of the court who must provide constant supervision of the actual fulfilment of the specific performance order correct incorrect

The need for the claimant continuously to monitor the defendant's progress in the actual fulfilment of the specific performance order correct incorrect

* not completed

. How do the origins of the order of specific performance (in equity) affect the way the remedy is used by the courts? Select all that apply.

An order will not be made if it would cause 'severe hardship' to the defendant correct incorrect

An order will not be made if the contract is too vague correct incorrect

An order will not be made if the claimant has conducted himself unfairly or improperly correct incorrect

* not completed

. What is a prohibitory injunction?

An order of the court which declares the rights of the parties correct incorrect

An order of the court requiring that the contract be performed correct incorrect

An order of the court which orders the defendant not to do something, typically not to do something which would otherwise amount to a breach of contract correct incorrect