Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tang Man Sit v Capacious Investments [1996] AC 514, Privy Council. The document also includes supporting commentary from author Derek Whayman.
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Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Boardman v Phipps [1967] 2 AC 46, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tang Man Sit v Capacious Investments [1996] AC 514, Privy Council. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Boardman v Phipps [1967] 2 AC 46, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Boardman v Phipps [1967] 2 AC 46, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tang Man Sit v Capacious Investments [1996] AC 514, Privy Council. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
This chapter focuses on the extent of a director’s civil liability for breach of fiduciary duty and the liability of third parties involved in some way in that breach of duty. One of the most important issues is the extent of a director’s liability to account. Liability can range from accounting for secret profits to claims for equitable compensation and from personal to proprietary claims. Often, a claim will be affected by limitation issues. It may be complicated by the involvement of third party accessories. Mitigation through reliance on indemnity provisions, insurance and by applying to the court for relief is also considered. The discussion covers: breach of fiduciary duty, liability of third parties, claims for negligence, and managing potential liabilities.
Chapter
Most contractual disputes are settled out of court to avoid the significant time, money, general aggravation, and uncertainties inherent in litigation. Where the parties have not agreed on the consequences of breach or any agreed remedies are unenforceable, the law supplies default rules to determine the available remedies. This chapter addresses the following questions: (1) What types of loss are recognised and so compensable for breach of contract? (2) How is loss calculated? (3) When and why might contract law allow departures from the expectation measure and allow awards based on reliance, restitution, account of profits, or loss of opportunity to bargain? (4) In consumer contracts, when might the consumer have the right to a price reduction?
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Chapter
Robert Merkin and Séverine Saintier
Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter deals with remedies providing for specific relief and so-called ‘restitutionary’ remedies. It first considers debt claims (agreed sums), before turning to specific performance and injunctions. It concludes by discussing restitution—recovery where there has been a total failure of consideration, and recovery on a quantum meruit (as where a contract fails to materialize)—following the Supreme Court decision of Morris-Garner and another v One Step (Support Ltd) and its impact on Wrotham Park damages and the availability and nature of the account of profits in Attorney-General v Blake.
Chapter
Robert Merkin, Séverine Saintier, and Jill Poole
Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. Equitable remedies that provide for specific relief refer to remedies for breach of contract which compel actual performance rather than simply compensating for loss caused by breach. Compulsion of performance may take the form of claiming an agreed sum, a claim seeking specific performance, or a claim seeking an injunction. The claim or action for an agreed sum gives effect to the claimant’s performance interest by ordering the party in breach to pay the liquidated sum (debt), his agreed performance under the contract. The chapter examines the remedy of specific performance as a court order that compels actual performance of agreed obligations (other than payment of the price). As an equitable remedy it is available at the discretion of the court but only when damages would be an inadequate remedy. This chapter also examines remedies providing for specific relief and restitutionary remedies, the latter of which refer to recovery based on failure of consideration and quantum meruit. Finally, the chapter examines the availability of specific compensatory remedies in instances where there is no financial loss, namely the exceptional remedy of an account of profit or the remedy of ‘negotiating damages’—and their relationship.
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