7.2.1 Other Remedies Lecture – Introduction
Welcome to the second part of the seventh topic in this module guide – Other Remedies! As was mentioned last chapter, there are numerous remedies available under English law, with damages being only one type. This chapter will focus on the remaining kinds of remedies available. These are broadly separated into two camps: those that are positive specific, and those that are negative specific.
Positive specific remedies consist of Actions for an agreed sum, Specific performance and Mandatory injunctions.
The only negative specific remedy available is that of a Prohibitory injunction; however, even though this is the only negative remedy available, it is interestingly the most common form sought.
This chapter begins by outlining and distinguishing the remaining remedies available from that of damages. The chapter then takes each of these remedies in turn; defining them, laying out the tests required, and considering their practical operations. Key case law is considered in detail throughout as to its interaction with each of the discussed remedies.
Goals for this section:
- To understand the different remedies, outside of damages, and how they apply in contractual situations
Objectives for this section:
- To be able to comprehend the differences between positive specific remedies and negative specific remedies
- To be able to appreciate when each type of remedies may be used and the tests that must be applied
- To understand the developed case law in this area and how the cases interact with the remedies
- To be able to apply the different remedies to factual scenarios
Start the Lecture
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Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below: