THE UNIVERSITY OF ZAMBIA

SCHOOL OF LAW

STUDENT NAME: SEKELA NYIRENDA

STUDENT ID NUMBER: 2021437752
COURSE: CONTRACT LAW
COURSE CODE: LPR 1920
YEAR: FIRST (1ST) YEAR
LECTURER: MRS. MITI
TUTOR: MR. NOOMBO
DUE DATE: 21ST OCTOBER, 2022.
REMEDIES FOR BREACH OF CONTRACT: EQUITABLE REMEDIES.

Equitable remedies developed due to harshness of the common law which only had one remedy;
damages. These remedies are granted at the discretion of the Court.1

The following are the equitable remedies:

i. Injunction
ii. Specific performance
iii. Rescission

INJUNCTION

An injunction is an order by the court preventing a person from doing something. It may either
be a mandatory or prohibitory injunction. A mandatory injunction is one that orders a person to
undo a breach of contract. On the other hand, a prohibitory injunction requires a party to refrain
from doing a specific act. The case of Shell BP Zambia Limited v Conidaris and Others 2 sets
out the requirements for injunctions and situations where an injunction will be granted including:
Where there is a serious question being tried, a clear right to relief, irreparable harm will be
caused if the injunction is not granted, damages will not adequately remedy the harm and the
balance of convenience lies in favour of the party seeking the injunction.3

SPECIFIC PERFORMANCE

When a party breaches a contract, the court may order that party to perform their promise in
accordance with the terms of the contract. This is known as specific performance. Only at the
court's discretion is an order for specific performance admissible. It is typically only awarded
when damages for the harm suffered is inadequate. 4 Specific performance was defined by the
Supreme Court in the case of Trans-Continental Limited and Andrew Robb v Donald
McIntosh and Eric Routledge5 as an equitable relief given by the court to enforce against a
defendant the duty of doing what he has agreed by the contract to do.
1
Jacqueline Martin, The English Legal System (8th edition, Hodder Education 2016)
2
(1975) ZR 174
3
Sangwani Patrick Ng’ambi and Chanda Chungu, Contract Law in Zambia (2nd edition, Juta 2021) 427
4
Ibid 422
5
SCZ Appeal 126/2012
RESCISSION

Rescission is the termination of a contract. It might be referred to as the rejection of additional

performance as a result of a breach of contract. The party that was injured may refuse to comply
with the contract's terms and consider the entire breach to be a discharge of the contract. In order
to be released from all of his contractual responsibilities, the injured party may take an action for
the contract to be treated as rescinded and may also seek damages for any losses he may have
suffered.6 The purpose of rescission is to return the injured party to their pre-contract state of
affairs.

BIBLIOGRAPHY

CASE LAW

Shell BP Zambia Limited v Conidaris and Others (1975) ZR 174

6
Sangwani Patrick Ng’ambi and Chanda Chungu, Contract Law in Zambia (2nd edition, Juta 2021) 425
Trans-Continental Limited and Andrew Robb v Donald McIntosh and Eric Routledge SCZ
Appeal 126/2012

BOOKS

Martin J. The English Legal System. 8th Edition. United Kingdom: Hodder Education 2016

Ng’ambi S.P. and Chungu C. Contract Law in Zambia. 2nd Edition. Durban: Juta 2021