Which of the following statements about contractual remedies are correct? (i) Damages aim to put the innocent party in the position as if the contract had been performed. (ii) Rectification corrects a written document that does not record the parties' actual agreement. (iii) An injunction can restrain a party from breaching a negative covenant. (iv) Equitable remedies must be granted whenever damages would be inadequate.
Answer: (i), (ii) and (iii) only. (i) True. Contract damages protect the expectation interest. (ii) True. Rectification aligns the document with the true agreement. (iii) True. Injunctions restrain breaches, including of negative covenants. (iv) False. Equitable remedies are always discretionary. Rule: Common law damages are available as of right; equitable remedies (specific performance, injunctions, rectification, rescission) are discretionary. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 3 (remedies); as at Oct 2026
Thinking equitable remedies are mandatory in some cases.
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Start practising →An original question written to the published EAQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.