Question 1

If someone breaches a contract with me, can I always choose to ask for specific performance instead of money?

Accepted Answer

No, this is a common misconception. Equitable remedies like specific performance are not an automatic right or an alternative choice for the claimant. They are granted at the court's discretion and only in exceptional circumstances where monetary damages are proven to be an inadequate remedy. For most breaches involving standard goods or services, damages will be considered sufficient.

Question 2

Can a court use an injunction to force an employee, like a musician, to perform for their record label if they refuse?

Accepted Answer

No. A court will not grant an injunction that has the indirect effect of compelling specific performance of a personal service contract. While it might grant an injunction preventing the musician from recording for a rival label during the contract term (*Warner Bros v Nelson*), it cannot force them to perform for the original label. This would be an infringement of personal liberty and impractical to supervise.

Question 3

Does it matter how long I wait before suing for an equitable remedy like an injunction?

Accepted Answer

Yes, it matters significantly. The maxim 'delay defeats equity' (the doctrine of laches) means that an unreasonable delay in bringing a claim can cause the court to refuse an equitable remedy. If your delay has prejudiced the defendant or suggests you have accepted the breach, you may lose your right to specific performance or an injunction, even if you would have otherwise been entitled to it.

Equitable

What you need to know

Equitable