Equitable remedy : injunction
Damages are always the usual remedy when there is a breach of contract. However, due to the limited effectiveness of the remedy of damages in some cases, it caused the development of equity, and subsequently equitable remedies. Injunction is one of the equitable remedies and it is regarded as extrao...
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2006
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my-utm-ep.50642018-02-28T06:52:02Z Equitable remedy : injunction 2006-07 Wong, Yuen Hwa HD28 Management. Industrial Management Damages are always the usual remedy when there is a breach of contract. However, due to the limited effectiveness of the remedy of damages in some cases, it caused the development of equity, and subsequently equitable remedies. Injunction is one of the equitable remedies and it is regarded as extraordinary. It is made available only in limited circumstances. Threfore, this master project intends to identify what circumstances, which is limited, that injunction will be available to the parties in a building contract. This project is carried out mainly through documentary analysis of law journals, such as Malayan Law Journal, Singapore Law Report, Building Law Report, etc. Due to time constraint, questionnaire survey or interview is not carried out. Results show that there are 11 circumstances in which the injunctions (prohibitory, mandatory and Mareva injunctions) will be available to the parties and 4 circumstances in which injunction would not be available to the parties in a building contract (as provided in Chapter 4). Rhind J in the case of Concorde Construction Co Ltd v Colgan Co Ltd [1984] 29 Build LR 120 mentioned that the judge will ordinarily grant injunction “as of course� in certain familiar situations which keep recurring. Since the circumstances discussed are the situations which had occur for the past few 10 years, therefore, it is hoped that it would provide a guideline to parties in a building contract when they could succeeding in applying injunction if they resort to it. 2006-07 Thesis http://eprints.utm.my/id/eprint/5064/ http://eprints.utm.my/id/eprint/5064/1/WongYuenHwaMFAB2006.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment |
| institution |
Universiti Teknologi Malaysia |
| collection |
UTM Institutional Repository |
| language |
English |
| topic |
HD28 Management Industrial Management |
| spellingShingle |
HD28 Management Industrial Management Wong, Yuen Hwa Equitable remedy : injunction |
| description |
Damages are always the usual remedy when there is a breach of contract. However, due to the limited effectiveness of the remedy of damages in some cases, it caused the development of equity, and subsequently equitable remedies. Injunction is one of the equitable remedies and it is regarded as extraordinary. It is made available only in limited circumstances. Threfore, this master project intends to identify what circumstances, which is limited, that injunction will be available to the parties in a building contract. This project is carried out mainly through documentary analysis of law journals, such as Malayan Law Journal, Singapore Law Report, Building Law Report, etc. Due to time constraint, questionnaire survey or interview is not carried out. Results show that there are 11 circumstances in which the injunctions (prohibitory, mandatory and Mareva injunctions) will be available to the parties and 4 circumstances in which injunction would not be available to the parties in a building contract (as provided in Chapter 4). Rhind J in the case of Concorde Construction Co Ltd v Colgan Co Ltd [1984] 29 Build LR 120 mentioned that the judge will ordinarily grant injunction “as of course� in certain familiar situations which keep recurring. Since the circumstances discussed are the situations which had occur for the past few 10 years, therefore, it is hoped that it would provide a guideline to parties in a building contract when they could succeeding in applying injunction if they resort to it. |
| format |
Thesis |
| qualification_level |
Master's degree |
| author |
Wong, Yuen Hwa |
| author_facet |
Wong, Yuen Hwa |
| author_sort |
Wong, Yuen Hwa |
| title |
Equitable remedy : injunction |
| title_short |
Equitable remedy : injunction |
| title_full |
Equitable remedy : injunction |
| title_fullStr |
Equitable remedy : injunction |
| title_full_unstemmed |
Equitable remedy : injunction |
| title_sort |
equitable remedy : injunction |
| granting_institution |
Universiti Teknologi Malaysia, Faculty of Built Environment |
| granting_department |
Faculty of Built Environment |
| publishDate |
2006 |
| url |
http://eprints.utm.my/id/eprint/5064/1/WongYuenHwaMFAB2006.pdf |
| _version_ |
1747814560763478016 |