Introduction

The title of this chapter may look like a grab bag of remedies, but this is not the case. Specific performance and injunctions are equitable remedies. The remedy of equitable damages is a creature of statute available either in lieu of or in addition to the equitable remedies of specific performance and injunction. Thus the three remedies are closely related. They will be discussed in turn.

Specific performance

An order of specific performance is an order directing a party to a contract to perform the contract according to its terms. The party will be directed to perform all his obligations under the contract. The remedy of specific performance illustrates the dualist nature of our legal system. It is only available in respect of the common law action of breach of contract. Specific performance exemplifies equity acting in its auxiliary jurisdiction. As the remedy is usually dealt with in contract law or remedies courses our coverage will be brief.

General considerations

There are two considerations generally relevant to an award of specific performance. These are: (a) fairness to both parties; and (b) the supervision requirement.