REMEDIES IN THE COMMON LAW

1. REMEDIES IN THE COMMON LAW Stephen A Smith McGill University

2. Definition A court orderor judgment (hereafter ‘order’) - e.g., an order to perform a contract: ‘THIS COURT orders that the agreement dated Jan 1, 2009 referred to in the Particulars of Claim be specifically performed and carried into execution’.

3. Art. 1458 CCQ Toute personne a le devoir de respecter les règles de conduite qui, suivant les circonstances, les usages ou la loi, s'imposent à elle, de manière à ne pas causer de préjudice à autrui. Elle est, lorsqu'elle est douée de raison et qu'elle manque à ce devoir, responsable du préjudice qu'elle cause par cette faute à autrui et tenue de réparer ce préjudice, qu'il soit corporel, moral ou matériel.

4. Art. 1458 CCQ Every person has a duty to abide by the rules of conduct which lie upon him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is responsible for any injury he causes to another person by such fault and is liable to reparation for the injury, whether it be bodily, moral or material in nature.

9. Art. 1604 CCQ Where the creditor does not avail himself of the right to force the specific performance of the contractual obligation of the debtor in cases which admit of it, he is entitled either to the resolution of the contract, or to its resiliation in the case of a contract of successive performance. However and notwithstanding any stipulation to the contrary, he is not entitled to resolution or resiliation of the contract if the default of the debtor is of minor importance, unless, in the case of an obligation of successive performance, the default occurs repeatedly, but he is then entitled to a proportional reduction of his correlative obligation.

11. Art. 1604 CCQ Where the creditor does not avail himself of the right to force the specific performance of the contractual obligation of the debtor in cases which admit of it, he is entitled either to the resolution of the contract, or to its resiliation in the case of a contract of successive performance. However and notwithstanding any stipulation to the contrary, he is not entitled to resolution or resiliation of the contract if the default of the debtor is of minor importance, unless, in the case of an obligation of successive performance, the default occurs repeatedly, but he is then entitled to a proportional reduction of his correlative obligation.

33. Compensatory • Nominal • Punitive • Restitutionary The Law of Remedies: Good for Lawyers • PLUS: possibility of... • Claim in tort (eg, for misrepresentation) • Claim for breach of fiduciary or other equitable duty • Claim under human rights legislation • Compensatory • Nominal • Punitive • Restitutionary • Compensatory • Nominal • Punitive • Restitutionary • Compensatory • Nominal • Punitive • Restitutionary • Compensatory • Nominal • Punitive • Restitutionary • Compensatory • Nominal • Punitive • Restitutionary • Compensatory • Nominal • Punitive • Restitutionary