Remedies, Reparations and Resolution in Law
A The Gibson’s are joint owners of land who agreed to sell the land to Adam. Before settlement, Mr Gibson became bankrupt and went to jail and Mrs Gibson was diagnosed with lung cancer and had to undergo extensive chemo treatment that has left her bedridden. The Gibson’s have built extensive community ties and now depend greatly on the support of the local community to take care of Mrs Gibson in the absence of Mr Gibson. The Gibson’s no longer want to complete the contract with Adam as they want to continue to have the support of the local community. Adam has approached you for advice on his chances of securing an order for specific performance.
B (i) Assuming that a negative covenant is valid, is an injunction to restrain the breach of such a negative covenant bound to be granted?
(ii) Explain when an injunction can be said to be equivalent to a decree of specific performance.
