FE-1 Equity 2

Question 1

Specific performance in Irish equity law is typically awarded where damages are inadequate. For which type of contract will a court generally refuse to order specific performance?

Accepted Answer

Contracts for personal services requiring individual skill

Answer

Contracts for the sale of unique land

Answer

Contracts for the sale of rare chattels

Answer

Contracts for the grant of a long lease

Question 2

The test for granting an interlocutory injunction in Ireland, derived from American Cyanamid Co v Ethicon Ltd [1975], first requires the court to determine what?

Accepted Answer

Whether there is a serious issue to be tried

Answer

Whether the plaintiff will definitely succeed at trial

Answer

Whether the defendant acted in bad faith

Answer

Whether damages have already accrued

Question 3

A Mareva injunction (freezing order) is an equitable remedy primarily designed to achieve which purpose?

Accepted Answer

Freezing a defendant's assets to prevent dissipation before judgment can be enforced

Answer

Compelling delivery of confidential documents before trial

Answer

Restraining a defendant from leaving the jurisdiction permanently

Answer

Ordering the defendant to provide security for costs

Question 4

On what grounds is the equitable remedy of rescission typically available in Irish law?

Accepted Answer

Misrepresentation, operative mistake, undue influence, or duress

Answer

Frustration of contract only

Answer

Breach of a contractual condition only

Answer

Inadequacy of consideration alone

Question 5

The equitable doctrine of rectification allows a court to correct a written instrument in which of the following circumstances?

Accepted Answer

Where the written document fails to accurately record the parties' actual prior common agreement due to a mistake in drafting

Answer

Where one party has made a unilateral mistake about the contract's legal effect

Answer

Where performance has become more onerous than anticipated

Answer

Where the contract is void for illegality

Question 6

The equitable remedy of 'account of profits' requires a defendant to do which of the following?

Accepted Answer

Disgorge all profits made through their wrongful act regardless of the plaintiff's actual loss

Answer

Pay compensatory damages assessed at market value

Answer

Deliver up all documents relating to the breach

Answer

Pay punitive damages as a deterrent

Question 7

An Anton Piller order (search order) in Irish equity proceedings primarily authorises which action?

Accepted Answer

Entry onto the defendant's premises to search for and preserve evidence that might otherwise be destroyed

Answer

Freezing the defendant's bank accounts worldwide

Answer

Appointment of a receiver over the defendant's business

Answer

Mandatory disclosure of the defendant's financial position