Where a new obligation is created by statute which at the same time provides a special means of enforcing it, that performance cannot be enforced in any other manner.
Lord Tenterden said: ‘where an Act creates an obligation and enforces the performance in a specified manner, we take it to be a general rule that performance cannot be enforced in any other manner.’
Judges:
Lord Tenterden CJKB
Citations:
(1831) 1 B and Ad 847, [1831] EngR 57, (1831) 109 ER 1001
Links:
Cited by:
Cited – Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney CA 19-Nov-1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
Approved – Pasmore v Oswaldtwistle Urban District Council HL 1898
Where an Act creates an obligation, and enforces the performance in a specified manner, it is a general rule that performance cannot be enforced in any other manner.
Earl of Halsbury LC said: ‘The principle that where a specific remedy is given . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 30 April 2022; Ref: scu.221529