Chapter 12 Multiple Choice Questions

Specific remedies

Quiz Content

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. John is promised £500 to work as a waiter for a New Year's Eve Gala dinner from 6p.m. to 4a.m. At 1a.m., John falls ill and has to go home without completing his shift.

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. The rule in White & Carter (Councils) Ltd v McGregor (1962) is subject to which two main limitations? Please select all that apply.

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. Specific performance is not available if? Please select all that apply.

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. Match the description to the legal remedy.

A court orders a householder to pay a builder the sum agreed for the builder erecting a conservatory.

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A court orders a builder to pay a sum of money to a householder, because the conservatory is full of leaks and is 20% smaller in area than contracted for.

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A court orders a former employee not to disclose trade secrets in breach of his contract of employment.

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A court orders an arts dealer to deliver a rare painting, as agreed in a contract.

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. The courts have ……… to order specific performance or an injunction.

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. An ……… injunction gives temporary relief until a full hearing can be arranged.

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. A claim for the value of work done used to be known as ……….

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. The modern view of mutuality is that it requires that the remedy of specific performance should be potentially available to both parties at the time the contract is made.

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. A claimant will be entitled to the price agreed, provided that he has substantially performed his obligations.

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. Damages were unavailable for Mrs Beswick in Beswick v Beswick (1968) because widows have no right to enforce their deceased husband's wishes to leave money to them.

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. In Cooperative Insurance Society v Argyll Stores (1997), the House of Lords:

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. The theory of efficient breach argues that it is better to let a party breach his contract and restrict the other party to damages, than to order specific performance.

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. A claimant who brings an action for the price is claiming damages for his loss.

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. A contract for ……… is not normally specifically enforceable, because to do so would be an undue restriction on a person's liberty.

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. It is a precondition for the remedy of specific performance that damages must be an ……… remedy.

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