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Anson's Law of Contract

Anson's Law of Contract (31st edn)

Jack Beatson FBA, Andrew Burrows FBA, QC (Hon), and John Cartwright
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date: 21 July 2024

p. 57518. Specific Remedieslocked

p. 57518. Specific Remedieslocked

  • Jack Beatson, Jack Beatsonis a former Lord Justice of Appeal and Rouse Ball Professor of English Law, University of Cambridge; and is a Visiting Professor, University of Oxford
  • Andrew BurrowsAndrew Burrowsis Professor of the Law of England and Fellow, All Souls College, University of Oxford and (as of June 2, 2020) he has been appointed a Justice of the UK Supreme Court.
  •  and John CartwrightJohn CartwrightEmeritus Professor of the Law of Contract, University of Oxford

Abstract

This Chapter considers specific remedies for breach of contract. Under certain circumstances, a contractual promise may be enforced directly. This may be by an action for the agreed sum, by an order for specific performance of the obligation, or by an injunction to restrain the breach of a negative stipulation in a contract or to require the defendant to take positive steps to undo a breach of contract. These remedies have different historical roots, the claim for an agreed sum being, like damages, a common law remedy whereas specific performance and injunctions are equitable remedies that were once exclusively administered by the Court of Chancery.

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