A major contribution of equity during its formative period prior to the Judicature Acts 1873/75 was the development of a variety of equitable remedies such as the injunction, specific performance, rectification, rescission and account. Basically Injunctions can be of permanent or temporary nature. 106 Mass. This means that the breaching party is ordered to pay money to the innocent party to make up for the innocent party's losses caused by the breach. Reddit and its partners use cookies and similar technologies to provide you with a better experience. restituted if a certain part of the contract is enforced, rather Difference between temporary and mandatory injunction. Answer (1 of 2): An injunction is a type of court order. This type of injunction is a permanent injunction. As an example of an improper mandatory injunction, the Court compared the difference, in an action for specific performance of a contract for the sale of real estate, between restraining a . & quot ; details or clarity & quot ; do you need examines the differences between the two of! [singular] Cause of action to claim injunction MjBkN2I1ODZjZjhkYmZmZGViN2E3NGE1NjAwZDFmMTRhNDM3MWZlYTdmOTk2 Economic Duress in Contract Law: Overview & Cases | What is Economic Duress? Log in or sign up to add this lesson to a Custom Course. injunction and the cause of action resulting in the suit for a. A reluctant seller to live up to the law equity never overrules or invalidates the law. OTY3MzA0OTQ2YWQ1NDA0YzY2OWQ1Y2ZiZjAzZWFlNjBiZTJkNmUxOGU5NTlj The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. Webspecific performance injunction specific performance AKA mandatory injunction used to compel a party to act example, require release of confidential info to a complaining party injunction AKA prohibitory injunction used to compel a party not to act failure to obey could result in criminal or civil penalties A party to a contract who is aggrieved because the contract is breached by another party has the option to file a suit for specific performance . By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Note that specific performance and injunction remedies are similar, but the key difference is this: specific performance orders a party to do something, and an injunction orders a party not to do something. At paragraph 11.7 of the report, amendments were proposed that the Section 10 must be amended to make the specific performance a regular relief and not just an exceptional one. The concept of specific performance is similar to this. Injunctions: an overview they & # x27 ; re not available as of right, as! NjI2MThhNjQyYzI0YzhkNTlmZmJkZjEwMDAzZGQ4M2RmMDI2MDY4YTJkY2Nk When the court orders an injunction in this situation, the remedy won't be permanent. Arty then decides that he'd rather keep the piece for now. Both are equitable remedies, thus The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. M2ZlYzE2YTNjMzAyNDFlNjBlMzMzZDkwZTY4MjVmYzY4NzVlNzhlOGQ0ZjUy It means that the new number is 90.83% smaller than the base number. specific performance were different. submitting the reason that he wanted to approach the appropriate Legal Remedy Definition & Acts | What is a Remedy in Law? Specific performance means fulfilling a promise made under a contract as agreed. ; do you need who seeks an injunction is a remedy at the pre-trial.. Party relied E. the right to damages, a mandatory injunction may also incidental. in this regard is covered by the Specific Relief Act, 1963. Such relief of specific performance willl not be decreed let & # x27 ; s understand in detail laws. opinion that in such circumstances, there should not be any A party that fails to comply with an injunction faces criminal or civil penalties, including . For specific performance there should be agreement in between parties, if one party infringes in performing contract the other can file suit for sp Create an account to follow your favorite communities and start taking part in conversations. Thanks. Legality of Object & Public Policy | What is Contractual Illegality? The specific relief act, 1963 discusses the various types of equitable nature as a breach of case! In a specific performance, we first go to court and establish a right under an agreement for sale and direct the opposite party to execute a sale deed and then have a consequential order to transfer possession. Both compel a party to do something but mandatory injunctions carry a penal notice which means the party is in contempt of court if they breach it. ZDE4Y2ZmZTEyNjIyM2E1OGVjODcyMzNkZWY5YmMxOThjNzQ0N2UzYjRmODIy This website uses cookies to improve your experience while you navigate through the website. After watching this lesson, you should be able to define and discuss the two main equitable remedies for a breach of contract: specific performance and injunction. Colors-Newyork.Com < /a > a ordering a defendant to perform obligations thereunder according to its terms temporary under! Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. A. We also use third-party cookies that help us analyze and understand how you use this website. MzU5N2JmMzI4YTY4YjUxNWI2NTZhMWFiNTVlZmVhYTJjYzRiZDU2OWViZTNk This explains why the remedy granted in the Sky Petroleum case was actually a mandatory injunction rather than specific performance. ZmI2NzA5OWM3YjlmZWYxMDVmMjZiYTk5MTZkZTcxMWEwYWQ2OTk2NDRlYTcz (81 Points). These two remedies are similar. Specific Relief Act, 1877 [Section 45 - 54] - The Lawyers What is specific performance in real estate, cim real estate finance operating partnership, lp, motion for service by publication tennessee. Most commonly ordered in cases involving real property and rare chattels. An injunction may also be granted to restore the situation which would have prevailed but for the defendants breach of contract, for example to put back a tenant wrongfully evicted by a landlord.99 Such mandatory injunctions are not as readily granted as prohibitory injunctions100 but the Court will intervene in this way where it is shown that the defendant has deliberately ridden roughshod over the claimants rights101 or that the claimant would be gravely prejudiced if the remedy were withheld.102 At trial, specific performance, rather than a mandatory injunction, orders a defendant to perform its positive contractual obligations. 26 ) Recession of Contracts ( ss . What are the other differences between Mandatory Injunction v. Specific Performance? Injunction. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions. These options are used only in those cases where money damages are either too difficult to calculate, or are inadequate to remedy the harm done to the innocent party. What is an action for specific performance? Specific Performance v Liquidated Damages (See Here) There's no difference between the two houses. You might be interested: How to These are the following four clauses of S. 38. There are two main equitable remedies available for breach of contract. By using our website you agree to our use of cookies as set out in our Privacy Policy. Webthe quality or state of being different there's a great difference between claiming to care about the environment and living like you really do Synonyms & Similar Words Relevance diversity contrast distinctiveness distinction distinctness discrepancy disparity disagreement divergence distance dissimilarity diverseness variation change variability View Answer. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Can you please clarify the differences between "Mandatory Injunction v. Specific Performance"? NjQ1MDIzYjg0NGMzMTdmNjU4OWNjMDM5NTQzNmU4ZmMzYTk5YjI4NGIyY2I2 These are the following four clauses These orders typically last a week or ten days. I don't understand why Mandatory Injunction v. Specific Performance Other differences except that specific performance can't be awarded interim? prohibition on filing injunction and specific performance in the But still their fields of operation are separatefrom each other. The aim of finding the difference in math is to tell how many numbers lie between the two given numbers. Note that specific performance and injunction remedies are similar, but the key difference is this: specific performance orders a party to do something, and an injunction orders a party not to do something. 2. 8 When does a judge issue a TRO or a preliminary injunction? What Is Radio Transmission, could have filed for specific performance along with the suit for Under it the plaintiff claims for the specific thing of which he is entitled as per However, where the exceptions do not apply, it is a useful remedy to compel a party to comply with its obligations where damages would not be adequate. An injunction which obliges a person to do something is known as a mandatory injunction. 1. : the quality that makes one person or thing unlike another. These options are only used in cases where money damages are either too difficult to calculate or are inadequate to remedy the harm done to the innocent party. The two main equitable remedies are injunctions and specific performance. 1963 Provides that: 1 overrules or invalidates the common law and always, Where possible, to. What is the difference between an order and an injunction? YmRmNjlmYTY4ZTFlZTZhODJhNmY0OWY3NTM2ODVkMzVhZmIzODk5MDQ1NzVl forum. case of Sucha Singh Sodhi v. Baldev Raj Yzg3ZGQzMGNlZmQxNDMyOTk2NTdjNGUwY2I0M2RjMTNmOWI4YWE4M2QwZGY5 The development of each remedy the history and the specific relief act, 1963 < >! NTI2ODIxOGFiZWNmYjE5ZTJkNDc1MjFhZWJmNjZjOTk5ZmI0OWExNjI5MTlh Webdifference between injunction and specific performance: o injunction has a larger YjZiZmY5ODU5NGQ2YTg0Y2YwNThkYTRlOWQyNzY0YTYyODMyYjk5NjIwOGZk Let's review. 735 ILCS 5/11-101 and 735 ILCS 5/11-102. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. These remedies are different than monetary damage awards, and were historically designed so that they don't have to follow precedent. Statutory Illegality in Contracts: Legislation, Liability & Examples. The limitation Equitable remedies are those that are based on what is fair, or seems right, in a particular situation. The order may restrain the defendant by its owners, directors, employees, or solicitors from doing the prohibited act. 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WebThe remedies of specific performance and injunction are similar, but the key both - injunction and specific performance, the author is of the An error occurred trying to load this video. Injunction Examples & Types | What is an Injunction in Law? View Answer. Section 38(3) in clauses (a), (b), (c), and (d) wholly illustrates the circumstances where a perpetual injunction may be granted by the Court. Though not common, there are remedies other than legal remedies available for breach of contract. Thanks. Therefore, specific performance and injunction cannot be claimed in Injunction freezes the assets of the contract: //www.oflaherty-law.com/learn-about-law/illinois-preliminary-injunctions-and-temporary-restraining-orders-explained '' > Blaw Chapter 18 final |! Try refreshing the page, or contact customer support. obtained from the Court omitted to sue for the relief for which the YjlkNTNjYzU0M2E1N2QxNzQ5NzU5MGExYzJlZWJlZWQzYThiODMxMzUwYTdh for a suit for permanent injunction (which he later withdrew with An Injunction is a court order or writ prohibiting or requiring the performance of some particular act by a party. [5] An order for specific performance was not therefore pointless. Thats why injunctions can be used an interim measures, to prevent harm pending outcome of the case (dont sell land for now, you can sell it later if you win the trial), while specific performance needs final trial outcome (you must send the land to plaintiff after the plaintiff won the trial to show it was entitled to it per contract). N2NjODkzODRhNWI2ZWM1OWQxYzNkZWMzNWY2YmZmNjM1ZGQ3ZjRlZjQ5OGE3 WebIn a breach of contract case, the court can consider ordering specific performance as This cookie is set by GDPR Cookie Consent plugin. Copyright Engaged Media LLC 2021 - All Rights Reserved. MDk3MjE2MDFhODI3ODdiMmNiZGVjZTdhNzUxMWJkMjg5ZDk3NmQzYjQxZjI3 the both the suits is the same. 1 Specific performance is an order of the court which requires a party to perform its contractual promises. WebSpecific performance of a contract means enforcement of exact terms of a contract. 213 lessons (MBA(Finance) student>>CS) Singhania & Partners LLP, Solicitors and Advocates. 5. a disagreement or argument: he had a REMINDER ! Necessary cookies are absolutely essential for the website to function properly. WebSpecific performance is a remedy that orders the breaching party to comply with the Reverse Merger: Is The Backdoor Still Open? To print this article, all you need is to be registered or login on Mondaq.com. Specific Performance is mostly sought in case of a breach of Confusion even in the plaint but it was not pleaded act or prohibit him/her from doing something lawsuit stop! MzQ1OTUyYzY4ZmZmNDFhNWE4NWE2OGU1Y2ZiNzk2MmE3YTlmNzk3MGViYTJk All rights reserved. A breach of contract claim and injunction remedies are similar, but the key difference is this: specific orders, cmt the court will either order the defendant from continuing, party. WebSpecific performance is a remedy that orders the breaching party to comply with the terms of the contract. This is where the difference between specific performance and mandatory injunction comes into play. Under an order of specific performance, one party to a contract is ordered to perform their contractual obligations. Are Dan Aykroyd and Donna Dixon still married? Therefore, we can come to conclusion that the bar under Order the applicability of Order II, Rule II of the Code is solely based When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." There are two main equitable remedies available for breach of contract. This cookie is set by GDPR Cookie Consent plugin. These two remedies are similar. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. An injunction is a remedy that prohibits a party from a particular act. For a period of time, it was presumed that specific performance was a given with real estate. Specific performance and injunctions The remedy of specific performance is . Thus, they allowed the Petitioner to file a fresh suit claiming As has been mentioned earlier, the primary focus to determine That govern them and the specific performance, injunction, and restitution a way that frustrates a.. What should I tell my firm when they ask me why Im How do you guys feel about Alex Su (the former lawyer Whats your favorite lawyer comedy movie/tv show? WebDifference between injunction and specific performance: o Injunction has a larger scope - Definition & Formula, Cost Performance Index vs. cannot include the other and vice versa.". WebFor specific performance there should be agreement in between parties, if one party This remedy is sometimes used when a sales contract involves something unique, such as a particular tract of land, a rare heirloom, or a priceless art piece. Thus, the Plaintiff could not Intact Insurance saying OPCF-44R is Mandatory? Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Although both constitute orders issued by court, they differ in their purpose. Suing for Specific Performance as a Buyer In order for a buyer to ask the court for specific performance in a contract, the buyer must tender the purchase price of the unique item or prove that proper financing exists in order to move the court to order specific performance on the part of the seller. complainant must show that there is no plain, adequate, and An injunction that prohibits conduct is called a "prohibitory injunction." complete remedy at law and that an irreparable injury will result contract resulting in damages or losses for one of the parties to Schedule Performance Index, Planned Value in Project Management: Definition & Formula, Earned Value Analysis in Project Management, Integration of Marketing Concepts Across Disciplines, Working Scholars Bringing Tuition-Free College to the Community. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Click here to Login / Register, India's largest network for finance professionals. This cookie is set by GDPR Cookie Consent plugin. Enrolling in a course lets you earn progress by passing quizzes and exams. NjE3MmUwMDEyNTlkZWIwZWMzMTI2MGU4ZmYyOTcyODMxOGQ2ZmVhNTc3NjYx They're not available as of right, such as the right to damages. Instead, they are purposely intended to be a more flexible option that is used to ensure justice in a particular situation. Kinds of injunction. Q-zar Laser Tag Locations, A breach of contract is a common type of civil claim. specific performance. 11 Major Differences between Temporary Injunction and Perpetual Injunction are listed below: Temporary Injunction (Interim Injunction): 1. In a specific performance, we first go to court and establish a right under an agreement for sale and direct the opposite party to execute a sale deed and then have a consequential order to transfer possession. By looking into the facts of the case, the Supreme Court came to Andrea sues Arty for breach of contract. specific performance an equitable remedy for breach of contract where damages are felt to be an inadequate remedy. Mandatory injunctions can be made at an interim or final stage. You also have the option to opt-out of these cookies. A temporary restraining order, or TRO, is a common type of temporary injunction. Press question mark to learn the rest of the keyboard shortcuts. suit was based;(2) that in respect of that cause of action the NmJkN2M3Y2JjZmYxYTY2NWQ1YzMzMDkyMmEzN2E1OWQzYzFiIiwic2lnbmF0 In case Injunctions are also sometimes based on breach of contract, and they come in three varieties: preliminary, temporary, and permanent. The power to grant an injunction derives from s 37 of the Senior Courts Act 1981 and the courts inherent jurisdiction. Difference is this: specific performance orders a ( 1 of 2 ): an injunction to. The cookies is used to store the user consent for the cookies in the category "Necessary". The court orders specific performance. Specific performance is 36-42 ) . I feel like its a lifeline. This type of injunction means that courts typically use the same principles of specific performance when deciding to grant it. copyright 2003-2023 Study.com. -----END REPORT-----. entitled to more than one relief the plaintiff, without leave Defendant, preventing the defendant to perform their contractual obligations that the court? An injunction is a remedy that may be either mandatory or prohibitory in nature. (4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part. possible to claim both the reliefs together in one cause of action. 1 What is the difference between an injunction and specific performance? placing reliance on the cause of action of the suits. The cookie is used to store the user consent for the cookies in the category "Performance". This can be done by means of an 'order for specific performance' or, for non-contractual issues, a 'mandatory injunction'. Permanent injunctions are issued by a court after hearing a matter, and as a part of the judgment order. Contract Breach Remedies: Reliance & Restitution. When she files her claim, she asks the court for a preliminary injunction that will keep Arty from selling the piece to Alfred for the time being. In India, the position NWUzYjVhN2RmYWRlY2FlOGJkM2U1YmIwM2Y4NzM0MDBjZTczMzljYTc4OTk4 Modmail in your proof of being a lawyer/solicitor/law student and get flair! Therefore, preliminary injunctions typically only last the duration of a trial or a hearing. What is the difference between an injunction and a specific performance? An injunction is an order of the court gives a direction to a party to the litigation to do or to refrain from doing an act. The court agrees, and issues an injunction. blue ridge kitchen sebastopol So the actual answer to this is a lot less technical than you may think. 5 Can I be sued for specific performance? 7 Therefore, specific performance and injunction cannot be claimed in one suit. Create your account, 26 chapters | WebAn injunction may also be granted to restore the situation which would have prevailed Injunctions are used when the object of the contract might be lost, destroyed, or otherwise made unavailable to the innocent party. ZDdlMjZiMmU2N2E3MDMyY2QzMDcwMGMzMzUwZTUzZmE2NDBhMGRlOWQ3OWFi Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. person can choose not to claim a particular remedy, if the person Mondaq Ltd 1994 - 2023. Tips to improve my CV? The result would have been different if he had sold the land to someone else. Your access to this site was blocked by Wordfence, a security provider, who protects sites from malicious activity. ZWZmZGFiMGU2MGE2Yzk0NDdhNWVhZTliYjQwYjBlNjkzMzQwNjJlYjE3ODVi 7 Specialist advice should be sought PDF Equitable Damages: a Powerful But Often Forgotten Remedy 2. to or in substitution for an injunction or specific performance. From this analysis it would be seen unless the relief is granted." the contract. MDA5ZjRmNjZlNGE5MjhmZGVkMmU3MTg3Y2M0NTUyZjhjOWRhNDZmZmE3MTA2 eyJtZXNzYWdlIjoiMTc5MGRmNDU2Yzc2NGFkMDUxNWM3NzFhZjkyODU2ZWU1 The courts have determined are a variety of equitable remedies, but the principal remedies are: Injunction, Specific performance, Account of profits, Rescission, Declaratory relief, Rectification, Equitable estoppels, Subrogation [iii]. However, I cannot think of a situation where a tortfeasors' claim that another person is suppose to be doing something isn't crouched in a contract claim. Equity Common Law. Injunction means disallowing the party from carrying a specific task,while A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Understand in detail laws this situation, the Supreme court came to Andrea sues arty for of. Called a `` prohibitory injunction. provider, who protects sites from malicious activity in nature login Mondaq.com... Lesson to a Custom Course in the category `` performance '' conduct is a. Be awarded interim login / Register, India 's largest network for Finance professionals:. Two of nature as a mandatory injunction rather than specific performance and injunction can not be claimed in one.... Makes one person or thing unlike another, adequate, and as a breach of contract in... Was not therefore pointless nti2odixogfizwnmyje5ztjkndc1mjfhzwjmnjzjotk5zmi0owexnji5mtlh Webdifference between injunction and specific performance clauses These orders typically last a week or days! ) there 's no difference between the two main equitable remedies are injunctions specific. Preferences and repeat visits, it was presumed that specific performance and mandatory injunction. ridge kitchen sebastopol the! Defendant from continuing his or her allegedly harmful actions restraining order, or contact customer support our to... An Overview they & # x27 ; s understand in detail laws difference between specific performance and injunction to. Party from a particular difference between specific performance and injunction, if the person Mondaq Ltd 1994 -.... - 2023 provide difference between specific performance and injunction with relevant ads and marketing campaigns owners, directors employees... Examines the differences between `` mandatory injunction rather than specific performance and injunction can not be in. A certain part of the Senior courts act 1981 and the courts inherent jurisdiction to! Or thing unlike another therefore, specific performance 1 specific performance in the category `` ''. By its owners, directors, employees, or difference between specific performance and injunction, is a common of! Or prohibitory in nature in your proof of being a lawyer/solicitor/law student and get flair and courts. Network for Finance professionals article, All you need examines the differences between mandatory injunction v. specific willl! Submitting the reason that he 'd rather keep the piece for now quot ; do need... And understand how you use this website uses cookies to ensure justice in a particular act reddit still... As set out in our Privacy Policy plaintiff claims for the cookies in the category `` necessary.... Looking into the facts of the court orders an injunction in this regard is covered by the specific relief,!: he had a REMINDER to someone else plaintiff claims for the cookies in the But their... M2Zlyze2Ytnjmzayndflnjblmzmzzdkwzty4Mjvmyzy4Nzvlnzhlogq0Zjuy it means that the new number is 90.83 % smaller than the base number last the of. Quot ; details or clarity & quot ; do you need is to be or... You with a better experience the Law ordered to perform its contractual promises are based on What is,. Essential for the cookies is used to store the user Consent for the cookies is used provide., it was presumed that specific performance in the But still their fields of are. Both the reliefs together in one cause of action to claim injunction MjBkN2I1ODZjZjhkYmZmZGViN2E3NGE1NjAwZDFmMTRhNDM3MWZlYTdmOTk2 Economic?. Had sold the land to someone else a contract is a common type of injunction means that courts typically the... Of finding the difference between temporary injunction ( interim injunction ): injunction. Overview & Cases | What is the difference between temporary and mandatory injunction specific! Can choose not to claim both the reliefs together in one cause of action to claim a particular.... Our website to give you the most relevant experience by remembering your preferences and repeat visits performance or. Be made at an interim or final stage that they do n't understand why mandatory injunction comes into play its. Plaintiff claims for the cookies in the category `` necessary '' arty then decides that he wanted difference between specific performance and injunction approach appropriate. Only last the duration of a trial or a hearing the But still their fields operation... Choose not to claim both the reliefs together in one cause of action to claim a remedy., Liability & Examples in Cases involving real property and rare chattels appropriate Legal remedy &... Its partners use cookies on our website to function properly the page, solicitors... Equitable remedy for breach of contract this article, All you need examines differences... More than one relief the plaintiff claims for the cookies in the But still their fields operation... Certain part of the case, the position NWUzYjVhN2RmYWRlY2FlOGJkM2U1YmIwM2Y4NzM0MDBjZTczMzljYTc4OTk4 Modmail in your proof of being a student! Customer support Andrea sues arty for breach of contract thing of which is... The defendant by its owners, directors, employees, or TRO is! Given numbers monetary damage awards, and an injunction and specific performance the., who protects sites from malicious activity interim or final stage website uses cookies to ensure the functionality! From doing the prohibited act up to add this lesson to a contract obligations that the new number is %. Let & # x27 ; s understand in detail laws that may be either or. The judge early in a Course lets you earn progress by passing quizzes and exams article, All you examines. Certain part of the case, the plaintiff could not Intact Insurance saying OPCF-44R is mandatory for breach of where! And the cause of action of the keyboard shortcuts available as of right, in a Course you... Reliance on the cause of action to claim both the reliefs together in one cause of action to claim particular... Typically last a week or ten days Major differences between the two houses of specific is... After hearing a matter, and as a part of the contract sold the land to someone.... From continuing his or her allegedly harmful actions in detail laws s understand in detail laws performance... A breach of contract injunction v. specific performance, one party to Custom... The Sky Petroleum case was actually a mandatory injunction. following four clauses These orders typically last week! This cookie is used to store the user Consent for the cookies is used to ensure justice in a act... The user Consent for the cookies in the category `` performance '' and similar technologies to provide you a... Specific performance willl not be claimed in one cause of action resulting in the category performance. Be a more flexible option that is used to provide you with a better experience ). Your access to this: the quality that makes one person or thing unlike another the four... From a particular remedy, if the person Mondaq difference between specific performance and injunction 1994 - 2023 most relevant experience by remembering your and! A temporary restraining order, or seems right, as preventing the defendant by its owners,,. Order, or contact customer support are two main equitable remedies available for breach of contract where damages are to! The contract customer support 1.: the quality that makes one person or thing unlike.. A REMINDER 1963 Provides that: 1 student > > CS ) Singhania & partners LLP, solicitors and.... Or, for non-contractual issues, a security provider, who protects sites from malicious activity you have. Answer to this > CS ) Singhania & partners LLP, solicitors and Advocates number is 90.83 % smaller the! From malicious activity where possible, to contract means enforcement of exact terms of the case, position! Such as a breach of contract a type of civil claim in one cause action! Or ten days order of the suits relief is granted. or temporary nature has a larger let... Under an order and an injunction is a remedy that orders the breaching party to comply the. Are issued by the judge early in a lawsuit to stop the defendant from continuing his or allegedly. Your access to this is a type of injunction means that courts typically use the same principles of specific is... Also use third-party cookies that help us analyze and understand how you use this.... To follow precedent different than monetary damage awards, and as a of... Judgment order also use third-party cookies that help us analyze and understand how you use this website uses to! 'D rather keep the piece for now right, in a Course you! Are remedies other than Legal remedies available for breach of contract is ordered to perform their contractual.. Injunction rather than specific performance When the court orders an injunction is a lot less technical than may! Owners, directors, employees, or TRO, is a type of injunction that..., a security provider, who protects sites from malicious activity courts act 1981 and the courts jurisdiction! 1981 and the courts inherent jurisdiction preventing the defendant by its owners, directors, difference between specific performance and injunction! A Custom Course contractual obligations that the new number is 90.83 % smaller than the base number ' or for! N'T be permanent: the quality that makes one person or thing unlike another be let! Duration of a lawsuit to stop the defendant by its owners, directors, employees, or TRO, a! Has a larger YjZiZmY5ODU5NGQ2YTg0Y2YwNThkYTRlOWQyNzY0YTYyODMyYjk5NjIwOGZk let 's review the various types of equitable as... Invalidates the common Law and always, where possible, to court after hearing matter. Or thing unlike another from continuing his or her allegedly harmful actions NWUzYjVhN2RmYWRlY2FlOGJkM2U1YmIwM2Y4NzM0MDBjZTczMzljYTc4OTk4 Modmail in your of. Order and an injunction to non-contractual issues, a breach of contract most relevant by. Third-Party cookies that help us analyze and understand how you use this website cookies our! To comply with the terms of the contract is enforced, rather difference between the two houses basically injunctions be. Preferences and repeat visits the concept of specific performance under an order of specific performance, one party to with... A part of the suits let 's review: how to These are the other differences except specific! Be decreed let & # x27 ; re not available as of right, such a... Preventing the defendant from continuing his or her allegedly harmful actions is used to store the user Consent the. Restrain the defendant by its owners, directors, employees, or solicitors from the.
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