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CONTRACT LECTURE 14 REMEDIES PART 2 C STRICKLAND Track/slide 10 Specific performance is also only available on the basis that ‘he who comes to equity comes with clean hands’ – one has to remember that specific performance is an equitable remedy and so equitable maxims apply. So, the court may refuse specific performance if it thinks the claimant’s behaviour has been ‘tricky’ or ‘unfair’. This equitable point was explored in Quadrant Visual Communications Ltd v Hutchinson Telephone (UK) Ltd 1993. The plaintiff’s appeal was against an order refusing specific performance of a contract and payment of £1.2263 million with interest. In the contract it specified that the sum was to be payable ‘free from any equity, cross claim, set off or other deduction whatsoever’. It was held that the words ‘any equity’ covered the concept of coming to equity with clean hands. However, it was also held that whilst this part of the contract might bind the parties to the contract, once the issue was before the court, then when specific performance has been requested, the court’s discretion to award it or not could not be fettered by reference to the contents of the contract. Otherwise, the court would simply be rubber stamping the contract. The appeal was dismissed.