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1 An Introduction to Equity to say something and then deny it in cases in which the other party has relied upon the rep resentation, and so Equity will prevent the representor from doing so by means of the doc trine of promissory estoppel. 33 So, for example, if the defendant owes the claimant £1,000 and offers to pay £800, which the claimant accepts, at Common Law the defendant remains liable to pay the outstanding £200. 34 However, the claimant’s promise to accept £800 in sat isfaction of the debt will mean that the claimant is estopped from relying on the strict terms of the contract and is bound by the promise in Equity, even though it is not supported by any consideration. Where a promise is not enforceable at Common Law, typically because it was informal, Equity may be willing to hold the promisor to their promise. For example, where the defendant has promised that the claimant will obtain property and the claimant relies on this promise to their detriment, Equity is able to ensure that the defendant does not renege on the promise, by means of the doctrine of proprietary estoppel. 35 (iv) Equitable remedies Various remedies have been created and developed in Equity which are particularly signif icant within the law of contract. As Lord Briggs recognized in Guest v Guest : 36 ‘Equitable remedies are generally more flexible than those afforded by the common law and they are always discretionary.’ Key examples of these remedies include: 1. Specific performance This remedy requires a party to perform a particular contractual obligation, but it is an exceptional remedy which is only available to do justice where Common Law compen satory remedies are inadequate. 37 It follows that, where the defendant has threatened to breach their contract, the usual remedy will be for the defendant to compensate the claimant for any loss suffered, rather than the defendant being required to perform their contractual obligation. 38 Even where damages for breach of contract are available, they might still be considered to be an inadequate remedy, because, for example, the loss aris ing from the breach of contract might be difficult to quantify or the claimant bargained for unique property, such as land 39 or unusual chattels, 40 which cannot be readily acquired on the open market, so that receipt of a pecuniary award would not adequately compensate the claimant for not obtaining the property. This was recognized by the House of Lords in Beswick v Beswick , 41 in which it was held that, where a defendant was bound by contract to pay a regular annuity to the claimant and the defendant failed to do so, the claimant would be able to sue the defendant for breach of contract at Common Law. But the claim ant would only be able to bring a claim for each payment once that payment was due and had not been made. In other words, the claimant could bring a claim only following each breach of the promise to make a payment and it would not be possible to obtain damages in respect of a future breach of contract. This is a significant limitation of the Common Law, but Equity can come to the claimant’s assistance by specifically enforcing the contract now and for the future, and so avoid the trouble and expense of a multiplicity of actions. 33 See Central London Property Trust Ltd v High Trees House Ltd [1947] 1 KB 130. 34 Foakes v Beer (1884) 9 App Cas 605. 35 Guest v Guest [2022] UKSC 27 [2022] 3 WLR 911. See Section 10.4, p. 343. 36 [2022] UKSC 27, [2022] 3 WLR 911 [5]. 37 Jones and Goodhart, Specific Performance (2nd edn, London: Butterworths, 1996); Snell’s Equity , ed. McGhee (34th edn, London: Sweet & Maxwell, 2012), ch. 17. 38 Co-operative Insurance Society v Argyll Stores (Holdings) Ltd [1998] AC 1. 39 Sudbrook Trading Estate Ltd v Eggleton [1983] 1 AC 444, 478. 40 Falcke v Gray (1859) 4 Dr 651. 41 [1968] AC 58. © Oxford University Press

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