Beshoff Brothers Ltd. v. Select Service Partner Ireland Ltd. [1998] IEHC 122 (28th July, 1998)

The agreement is sufficiently clear and unambiguous for present purposes, the Defendant admits breach, and the hardship claimed by the Defendant does not justify refusal of specific performance. Damages are not an adequate remedy for the Plaintiff.

Citation: [1998] IEHC 122
Parties: Plaintiff: Plaintiff; Defendant: Defendant; Third Party: Harry Ramsden plc
Jurisdiction: Ireland
Procedural Posture: Interlocutory Application for Mandatory Injunction / Interlocutory
Outcome: Interlocutory mandatory injunction granted; specific performance ordered.
Legal Topics: Specific Performance, Interlocutory Injunctions, Contractual Mistake, Adequacy of Damages

Contract Law Equity Specific Performance Interlocutory Injunctions Contractual Mistake Adequacy of Damages

Case Brief

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Parties

Plaintiff

Defendant

Harry Ramsden plc

Third Party

Procedural Posture

Interlocutory Application for Mandatory Injunction / Interlocutory

Legal Issues

1 Whether the agreement between Plaintiff and Defendant is sufficiently clear to warrant specific performance at the interlocutory stage
2 Whether damages are an adequate remedy for breach of contract
3 Whether hardship to the Defendant justifies refusal of specific performance

Ratio Decidendi

Court Disposition

Interlocutory mandatory injunction granted; specific performance ordered.

Orders

Orders sought by the Plaintiff at paragraphs 1 and 2 of the Notice of Motion granted.