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Equitable Damages In Nova Scotia, Peter M. Mcdermott
Equitable Damages In Nova Scotia, Peter M. Mcdermott
Dalhousie Law Journal
Section 2 of the Chancery Amendment Act 1858 (Lord Cairns' Act) conferred jurisdiction upon the Court of Chancery to award damages, in certain instances, either in addition to or in substitution for an injunction or specific performance. Lord Cairns'Act was based upon the report of the Chancery Commissioners who recommended that courts of equity should be empowered to award damages in a suit for an injunction, or for the specific performance of a contract. It may have been thought that the raison d'tre of Lord Cairns' Act would have ceased upon the commencement of the Judicature Act 1873. However, Lord …