EQUITABLE REMEDIES- OBJECTIVES

1. Equitable remedies lies as of right

a. True
b. False
2. In origin, the equitable remedies can be traced to
a. The concurrent jurisdiction and sometimes the exclusive jurisdiction of the
equity courts
b. The concurrent jurisdiction and sometimes the auxiliary jurisdiction of the
equity courts
c. The auxiliary jurisdiction and sometimes the exclusive jurisdiction of the
equity courts
3. The basic distinction between Damages on the one hand and Equitable remedies on
the other hand, is that whiles the Common law remedy of damages lies as of right, the
equitable remedies are granted or refused…at the discretion of the court……

4. Does the received English law introduced into the colony of the Gold Coast (now
Ghana) on 24th July 1874, include Equity?
a. Yes
b. No

5. In the case of Stickney v Keeble, it was held that the dominant principle is that equity
will only grant specific performance, if considering all circumstances, it is just and
equitable to do so
a. True
b. False
6. In contracts involving the sale of land, the courts have traditionally taken the view
that damages are inadequate remedy and therefore the remedy of specific performance
is normally available to either party to such contracts.

Mention one Ghanaian case that illustrates this principle

Sarpong v Redco
7. The courts will not order a contract to be specifically performed if the contract is
incomplete or if its terms are uncertain. This principle is illustrated in the case of
a. Domins Fisheries ltd v Bremen-Vegesacker Fisheries
b. Asare v Antwi .
c. Redco v Sarpong
8. Specific performance will normally be granted where quantum of damages is difficult
to assess and would be unfair to the plaintiff.
a. True
b. False
9. In which court was Equitable remedies developed and administered ?
a. In the Chancery or Equity Court
b. In the Common law Courts
c. In the Common law and Equity Courts

10. List four equitable remedies

specific performance
injunction
Recission
Rectification
Account

11. Where equity is of the view that the determination of the issue will lead to injustice,
equity will not follow the law as to do so, will not meet the ends of justice.
Accordingly, it has been said that equity follows the law not slavishly nor too much.
This view was expressed by Caldozo CJ in
a. Graf v Hope Building Corporation
b. Djan v Owoo
c. Ahunah v Akorli
12. The general rule is that, if restitution is impossible, there can be no rescission of the
contract.
a. True
b. False
13. One of the limitation of the equitable remedy of rescission is that, the right of
rescission will be available even if the subject matter of the contract has been so altred
to make rescission impossible.
a. True
b. False

14. An Injunction may either be prohibitory or mandatory………………

15. In London and Blackwall Railway co. v Cross, it was held that prima facie, an
injunction will be granted to restrain actionable wrongs for which damages are the
proper and adequate remedy.
a. True
b. False
16. the court will generally not order the defendant to do the impossible; and grant an
order of Injunction if it will confer no appreciable benefit on the plaintiff and would
be materially detrimental to the defendant.
a. True
b. False

17. Injunction will generally not be granted to require the performance of a contract for
personal service. This was established in the case of
a. Charrington v Simons & Co ltd.
b. Page One Records v Britton
c. London v Blackwall Railway Co. v Cross
18. List three limitation to the equitable remedy of rescission
Restitution
Affirmation of the contract
Lapse of time

19. Rectification is only applicable in the case of written contracts.

a. True

b. False
20.