BCL – L1 – Q16 – Contract Law

Equitable remedies are not granted as of right but at the discretion of the court. Explain THREE (3) discretionary remedies that could be granted by the court.

Discretionary remedies a Injunctions are equitable remedies. It is an equitable remedy and will only be granted at the discretion or will of the court. Injunctions being a matter of court discretion, will not be given if damages are adequate. They come in two main forms – prohibitory, in which a claimant is prohibited from doing something and mandatory, in which the defendant must do something. As well as being either prohibitory or mandatory, injunctions can be quia timet, final, or interim. a Specific performance is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract. Specific performance is an alternative remedy to damages and may be issued at the discretion of the court, subject to a number of exceptions. a Restitution: The third type of equitable relief is restitution. As the word implies, restitution is a restoring to one party of what he gave to the other. Therefore, only to the extent that the injured party conferred a benefit on the other party may the injured party be awarded restitution. The point is, a person who breaches a contract should not suffer a punishment, and the nonbreaching party should not be unjustly enriched.