Are damages always an inadequate remedy for breach of contract relating to Australian land?

Choose the best answer

a.

Yes. The courts will never refuse to grant specific performance in favour of a purchaser of land.

b.

Yes. So far the Australian courts have adhered to the principle that land has a 'peculiar and special value' and applied a strong presumption that damages are inadequate.Although specific performance may be refused on other discretionary grounds.

c.

No. Mass-produced real estate is not unique and can be treated the same as any other consumer product. Damages will often be adequate because they will allow the plaintiff to buy an equivalent piece of land on the market:Semelhago v Paramadevan.

d.

No. Equitable remedies are always discretionary so one can never say "always" about them.

Choose the most correct statement about coercive remedies

a.

Specific performance and injunctions are coercive remedies, which means that they require the court to order the police to enforce them.

b.

Specific performance and injunctions are equitable remedies, which means that they must be applied for in separate proceedings in the equity division of the Supreme Court.

c.

Specific performance and injunctions are equitable remedies, which means that a plaintiff does not have an automatic right to receive the remedy because they are discretionary.

d.

Coercive remedies are rarely granted because they severely interfere with the freedom of the defendant.

Troy had a contract with the Dean for the purchase of a unique paintball gun for which there was no substitute on the market. Dean refused to go through with the sale to Troy.

Troy is unsure whether to institute proceedings against the Dean. He really wants to get the paintball gun. However, his next two years will be very intense while he is graduating from an intensive air-conditioning repair school and he does not want to have to deal with a court case at the same time.

Choose the best advice for Troy.

a.

Troy has six years before the limitation legislation bars his claim in contract:Limitation of Actions Act 1958(Vic) s 5. Therefore, he has six years to obtain specific performance of the contract because damages would be an inadequate remedy due to the uniqueness of the item.

b.

Troy should initiate proceedings now and then put them on hold while he graduates. Troy may only get damages as a remedy if he delays initiating proceedings until after the next two years.

c.

Troy should initiate and pursue proceedings promptly if he wants to obtain specific performance of the contract. Delaying until he graduates may mean he is limited to a remedy in damages.

d.

Troy should initiate and pursue proceedings promptly if he wants to obtain a remedy. Delaying until he graduates may mean he is equitably barred from a remedy for breach of contract.

Football fans are alleging that Bontempelli and Gawn were involved in an physical altercation during a game of football in Perth. Fans of their respective teams claim that the other threw a punch to the face. Both players deny there was any altercation at all.

Hypothetically, if either player did assault the other what are the chances that they could be subject to an injunction if the other took a claim the tort of assault to court?

a.

Either player may apply for a Personal Safety Intervention Order, which is the new name for assault injunctions.

b.

The Lions were robbed!

c.

An injunction for the tort of assault is unlikely as there is a strong presumption against injunctions for torts that protect bodily integrity:Parry v Crooks.

d.

An injunction for the tort of assault during a football match is unlikely as players consent to any physical contact that happens while they are playing.

Choose the most correct statement.

a.

Exemplary damages are available for breaches of confidence:Giller v Procopets.

b.

Exemplary damages are not available for defamation claims.

c.

Exemplary damages are available for egregious breaches of the Australian Consumer Law.

d.

Exemplary damages have now become generally available for contumelious contract breaches.