Solicitors Qualifying Examination (SQE) Practice Exa\

The appropriate remedy for a breach of a positive covenant is indeed damages or specific performance. A positive covenant typically requires a party to take certain actions or fulfill specific obligations, such as maintaining a property or making payments. When such a breach occurs, the injured party can seek damages to compensate for any losses incurred due to the breach. This reflects the aim to restore the aggrieved party to the financial position they would have been in had the breach not occurred.

Alternatively, specific performance can be sought in cases where damages would not adequately remedy the situation—such as when the positive obligations are unique and cannot be readily compensated financially. Courts may order the party in breach to fulfill their obligations precisely as outlined in the covenant, thereby enforcing the agreement more directly.

The other alternatives do not capture the nuances of remedies available for positive covenants. Injunctions are typically associated with negative covenants, which prevent certain actions rather than requiring them. Specific performance alone may not encompass the full range of available remedies, particularly where damages are applicable. Revoking the covenant is generally not a remedy for breach, as covenants remain binding unless formally discharged, hence this option would not apply in the context of a breach.