Equity specific performance contracts requiring supervision, and personal services Watch

kirstyjlowery
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2018-2019

FIRST SIT

Discuss the position that contracts which may require the constant supervision of the court, and contracts for personal services, will not be enforced by an order for specific performance.

Word limit: Max 2,200 (excluding front page, bibliography, case list and appropriate footnotes)

Hand out date: Week 1 23rd January 2019
Hand in date: Week 9 19th March 2019
Marks returned: Week 13 7th May 2019

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In your answer, you must;

Satisfy the marking criteria and also -
Meet the learning outcomes to be assessed.

The marking criteria can be found on Blackboard.


Learning outcomes to be assessed

Evidence of independent study / research, (i.e. do not rely on lecture notes), demonstrating the following:

1. An understanding of the nature of the equitable remedy of specific performance and its relationship to the award of common law damages;
2. A critical analysis of the way in which the courts have traditionally dealt with applications for specific performance in relation to the above two types of contracts and the way in which the courts deal with such applications today and the justifications for the courts’ decisions;
3. The factors which the court will take into account when considering applications for specific performance in relation to these two types of contract;
4. Drawing valid conclusions from the study / research to include any recommendations;
5. The use of authority, including statute, common law and academic writers within the answer;
6. Evidence of a clear, concise and legible written style appropriate for level five assessment;
7. The use of the OSCOLA referencing system.

Your attention is drawn, in particular, to learning outcome 2, above.
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kirstyjlowery
Badges: 2
Rep:
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#2
Report Thread starter 8 months ago
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Hi would like some advice on how to give a critical analysis in point 2 of the criteria. Thanks
(Original post by kirstyjlowery)
2018-2019

FIRST SIT

Discuss the position that contracts which may require the constant supervision of the court, and contracts for personal services, will not be enforced by an order for specific performance.

Word limit: Max 2,200 (excluding front page, bibliography, case list and appropriate footnotes)

Hand out date: Week 1 23rd January 2019
Hand in date: Week 9 19th March 2019
Marks returned: Week 13 7th May 2019

--------------------------------------------------------------------------

In your answer, you must;

Satisfy the marking criteria and also -
Meet the learning outcomes to be assessed.

The marking criteria can be found on Blackboard.


Learning outcomes to be assessed

Evidence of independent study / research, (i.e. do not rely on lecture notes), demonstrating the following:

1. An understanding of the nature of the equitable remedy of specific performance and its relationship to the award of common law damages;
2. A critical analysis of the way in which the courts have traditionally dealt with applications for specific performance in relation to the above two types of contracts and the way in which the courts deal with such applications today and the justifications for the courts’ decisions;
3. The factors which the court will take into account when considering applications for specific performance in relation to these two types of contract;
4. Drawing valid conclusions from the study / research to include any recommendations;
5. The use of authority, including statute, common law and academic writers within the answer;
6. Evidence of a clear, concise and legible written style appropriate for level five assessment;
7. The use of the OSCOLA referencing system.

Your attention is drawn, in particular, to learning outcome 2, above.
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