affecting neighbouring residents, damages would be inadequate as the
residents would want to stop the fumes being emitted. An injunction may
therefore be ordered not to emit the fumes. An injunction may be long-
term or temporary (an interlocutory injunction) until a case goes to trial.These equitable remedies, then, are added to the common law remedies
generally available to give the courts a wide discretion in order to bring
about justice.
Stop now orders
Sometimes, even though the law gives rights to consumers, it is difficult to
enforce these rights against a business that persists in being unfair. A new
recent measure, the Stop Now Orders (E C) Regulations 2001, made
available as a result of a European Directive, allows the Office of Fair
Trading to order a business to stop whatever they are doing that is regarded
as unfair. The Regulations apply to ten areas of consumer protection,
including sale of goods, unfair contract terms, doorstep selling, misleading
advertising, package holidays, consumer credit and distance selling.
The OFT have said that their approach will be to ensure that action taken
under the Regulations will be ‘proportionate the circumstances’, depending
on such things as potential for harm to consumers. Businesses will be given
a chance to rectify the wrong and efforts will be made to obtain agreement
to stop the wrong action before legal action is taken. Help may be enlisted
from other ‘bodies’, such as local authorities, in the enforcement of orders.
One of the first Stop Now Orders issued was against Craftsman Kitchens.
They were ordered to stop supplying goods not of satisfactory quality or as
described, and breach of this order would be regarded as contempt of court.
Summary
The usual remedies in contract law are:
- Damages (compensation in money for the loss suffered).
- Repudiation (ending the contract) – or its equivalent in equity,
rescission, if the claim is made under an equitable doctrine, such as
misrepresentation or undue influence.
230 Contract law
You can read more about Stop Now Orders on the internet at the website
of the Office of Fair Trading http://www.oft.gov.uk