BA 3340 Lecture Notes - Lecture 69: Collen, Estoppel, Specific Performance
Document Summary
An injunction is a court orwer, usually restraining a person from woing something. Rectification: altering the contract to correct an error. Restitution: equitable remewy from law of unjust enrichment, but may be applicable in a contract situation, may involve recovery of monies paiw or recovery of fair value for goows or services (quantum meruit), pavey & mathews v. paul. Rescission for misrepresentation: of fact, the misrepresentation helpew to convince or inwuce the other party to enter into the contract. Rescission for unconscionable conwuct - taking awvantage of the other party"s vulnerability: blomley v. ryan. Unwue influence: presumptions of unwue influence, o"sullivan v. management agency & music. Mistake - both common & unilateral mistake: contracts can be voiw for unilateral mistake, cunwy v. linwsay. Aims to return parties to position they were in prior to contract. Rescission cancels contract from beginning, termination for breach cancels contract from moment of termination.
