General A Specific Performance Order is an order to perform a contract. As with an injunction, it is an equitable remedy. It is the type of remedy originally granted by the Chancery Court. It is now available in the higher courts. However, as with an injunction, an order of specific performance will usually only be granted where damages are not […]
General Where assets have not become mixed but have been merely substituted and are held by another, common law tracing is available. Common law tracing is available while the asset retains its identity. Tracing is an equitable remedy by which a claimant may claim assets which have become mixed with those of another or have changed their original form. Tracing is […]
Nature Rectification is an order for the correction of a document. Courts cannot alter the terms of the agreement. However, where an agreement has not been correctly incorporated in a document the document may be corrected. There is a heavy burden on a person who seeks to prove rectification of a written document. There is a strong presumption that the […]
Meanings of Rescission Rescission has a number of legal meanings. Where one person has committed a fundamental breach of contract the innocent party has the option to treat the contract as terminated and to claim for damages. Alternatively, he may elect to enforce it (and in some cases also claim for damages. In this sense rescission is the act of […]
General A declaration is an order stating the rights of the parties. It does not compensate or require any person to do anything. It defines in a conclusive way the rights of the parties. A declaration may be granted as part in legal proceedings as a single remedy or as part of a number of related remedies without any other […]