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Tettenborn, Andrew --- "Literal enforcement of obligations" [2019] ELECD 2297; in Halson, Roger; Campbell, David (eds), "Research Handbook on Remedies in Private Law" (Edward Elgar Publishing, 2019) 182

Book Title: Research Handbook on Remedies in Private Law

Editor(s): Halson, Roger; Campbell, David

Publisher: Edward Elgar Publishing

Section: Chapter 11

Section Title: Literal enforcement of obligations

Author(s): Tettenborn, Andrew

Number of pages: 17

Abstract/Description:

This chapter deals with the ability of the law of obligations to ensure that, even if a counterparty is uncooperative, a claimant gets literally what they are entitled to. It investigates not only specific performance and injunctions generally, but actions in debt and self-executing court orders generally, including the rule that equity regards as done that which ought to be done, bailees' rights to retain goods, promises not to sue and rights of self-help.