Equity XIX
7)
Equity regards what ought to be done as done. This maxim applies to remedies
like specific performance i.e. where the courts will compel a party to perform
its stipulated duties.
In
Nutbrown v Thornton (1805) the plaintiff entered into a contract with the
defendants to purchase some machines. Subsequently the defendant refused to
deliver the machines and because the defendant was the sole vendor for that
type of machines, the plaintiff brought an action against the defendants and
sought specific performance as a remedy. The court granted specific performance
and compelled the defendants to perform their duties as stipulated by the
contract.
Copyright
© 2019 by Dyarne Jessica Ward
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