[KALKI]

Appendix 3.

The Equitable Remedies.
The main remedies created by the courts of equity were injunctions, specific performance, rectification and recission. These remedies are still in existence today. Equitable remedies are ‘discretionary’ or will only be granted if the court thinks it is fair and just to do so. Additionally, they will not be granted if the court thinks the complainant would be better compensated with money (or ‘damages’), nor where the interests of the general public outweigh those of the individual complainant.

INJUNCTIONS.
This is an order made by the court which can be either ‘mandatory’, ordering the wrongdoer to carry out some act, or ‘prohibitory’ preventing the wrongdoer from carrying out an act. They are frequently used to remedy breaches of contract or tort.

SPECIFIC PERFORMANCE.
An order made by the court, ordering the wrongdoer to perform an act he has previously agreed to perform under a contract.

RECTIFICATION.
An order made by the court, allowing a contract or other instrument to be corrected where one or both of the parties has made a mistake in drawing up the contract or instrument.

RESCISSION.
An order made by the court, allowing a party to a contract to withdraw (or rescind) from the contract. This remedy is usually granted where one party fraudulently misleds the other into entering into the contract or where one party makes a ‘misrepresentation’ innocently. A misrepresentation is an untrue statement of fact which causes another person to enter into a contract and suffer some financial or other loss.