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

Courts refuse specific performance for contracts involving personal services because equity will not compel a personal relationship, and supervision of compliance would be impractical.

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

Under the American Cyanamid test, the first stage requires the plaintiff to demonstrate that there is a serious question to be tried, not a mere frivolous or vexatious claim.

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

A Mareva injunction restrains the defendant from disposing of or dealing with assets so that any judgment the plaintiff obtains remains capable of enforcement.

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

Rescission restores parties to their pre-contractual position and is available where a contract was induced by misrepresentation, affected by operative mistake, undue influence, or duress, undermining true consent.

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

Rectification corrects a written instrument that does not accurately record the parties' prior common intention due to an error in reducing their agreement to writing.

FE-1 Practice Test

FE-1 Practice Test

FE-1 Equity 2