{"title":"21. 具体执行","authors":"E. MacDonald, R. Atkins, J. Krebs","doi":"10.1093/he/9780198752844.003.0021","DOIUrl":null,"url":null,"abstract":"This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration and mutuality.","PeriodicalId":214244,"journal":{"name":"Koffman & Macdonald's Law of Contract","volume":"208 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"21. Specific enforcement\",\"authors\":\"E. MacDonald, R. Atkins, J. Krebs\",\"doi\":\"10.1093/he/9780198752844.003.0021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration and mutuality.\",\"PeriodicalId\":214244,\"journal\":{\"name\":\"Koffman & Macdonald's Law of Contract\",\"volume\":\"208 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2014-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Koffman & Macdonald's Law of Contract\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/he/9780198752844.003.0021\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Koffman & Macdonald's Law of Contract","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/he/9780198752844.003.0021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration and mutuality.
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