ABSTRACT

Monetary remedies can be contrasted with non-monetary remedies (cf Chapter 5). Thus, in addition to ordering a defendant to pay a debt or damages, a court can make a range of other orders. These result from a power conferred by history (usually traceable back to the royal power behind the Court of Chancery), translated into precedent, or they arise directly from statute; and the non-statutory orders existed and exist as specific remedies, the most important of which is the injunction (Chapter 5 § 4). Not only are these remedies usually specifically pleaded by a claimant, but their form can still determine the outcome of a case. Thus, in Leaf v International Galleries,110 the plaintiff failed in his claim not because there was no breach of a legal obligation, but simply because he had brought an action only for rescission.