Date: Fri, 19 Oct 2007 14:47

From: Robert Stevens

Subject: Johnston v NEI

John must be right.

What if employees wish to stop an employer from exposing them to a dangerous working practice? Do the employees have to wait to be injured before they can get before the court? Where courts order a specific remedy (such as an injunction or specific performance) they are ordering compliance with the primary right. Contractual obligations are enforceable without the necessity of proof of consequential loss for any breach. Where there is breach, this is actionable without proof of loss.

You cannot get an injunction as a response to 'negligence' as, definitionally, we are talking about the secondary obligations which arise once the defendant has 'neglected' to comply with his primary duty.

Robert

Robert Stevens
Professor of Commercial Law
University College London

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