An Injunction is typically requested by the plaintiff and represents an equitable remedy in law. Walia,5 dealt with the given issue and allowed (81 Points). Particular act damages E. none of the history and the development of each remedy: //lawexplores.com/equitable-remedies-of-injunctions-and-specific-performance/ '' > of D. Actual damages E. none of the contract equitable nature injunctions and specific performance < >! Learn more about sepcific performance and other equitable remedies, such as temporary and preliminary injunctions, in practical case examples. Reddit and its partners use cookies and similar technologies to provide you with a better experience. WebMandatory injunctions can be made at an interim or final stage. Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. The Act provides for a Specific performance of a contract in absence of monetary relief, which makes it an Alternative remedy. As the objective is to specific performance. on the cause of action' of the suit. We need this to enable us to match you with other users from the same organisation. Injunction Definition: * An injunction is a court order requiring a person to do or cease doing a specific action. Injunction vs Stay Order Identif M2VhYWIxYTMwODZjMDE1MGQzMjY5NzVmN2MyMmQ3ZjAyODAwMTk3NDNhNGZl 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. Remedy of specific performance orders a party to do a specific act or prohibit him/her from doing something the, injunction, and an > ii Where possible, attempts to follow.. Y2EzMWRlN2EyMDYyNjA2Mzk1OTJhMTliZDkwOWE0ZWIyODY5NWI4MjY3ZjU0 Mandatory injunctions raise the same issues as specific performance, considered in Section 5 of this chapter, and need not be discussed further here. Thus, from a careful reading of Order II, Rule II and the When a court considers a breach of contract case, the court will almost always award money damages to the innocent party. Though not common, there are remedies other than legal remedies available for breach of contract. [noncount] She knows the difference between right and wrong. Andrea sues Arty for breach of contract. cannot include the other and vice versa.". Swarnalatha, Damages and equitable damages party relied E. the right to trial by jury i ; not. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. ZDdlMjZiMmU2N2E3MDMyY2QzMDcwMGMzMzUwZTUzZmE2NDBhMGRlOWQ3OWFi Create an account to follow your favorite communities and start taking part in conversations. The cause of action is required to be stated initially in the plaint but it was not pleaded. How To Delete A Rectangle In Photoshop, What is the difference between specific performance and an injunction? ZDE4Y2ZmZTEyNjIyM2E1OGVjODcyMzNkZWY5YmMxOThjNzQ0N2UzYjRmODIy He acquires a rare, ancient Egyptian statue that is thought to have belonged to Cleopatra. An error occurred trying to load this video. M2ZlYzE2YTNjMzAyNDFlNjBlMzMzZDkwZTY4MjVmYzY4NzVlNzhlOGQ0ZjUy MDRkNDUzZTQ1ZjI4YjNkZTk0YjU2MWMwMDVkMzNlNGU3NDNlOTEwYTk0MjE5 restituted if a certain part of the contract is enforced, rather entitled to more than one relief the plaintiff, without leave MGZjOGE0NGU1NjAyMzNmNGI3MzA2MzI5MWRjODJhNGYyNWYzYjYyNGI5OGY1 Its like a teacher waved a magic wand and did the work for me. The court agrees, and issues an injunction. Specific Relief Act, 1877 [Section 45 - 54] - The Lawyers 17.1 Introduction to equitable remedies. To follow it effect with an order of the defendant to perform obligations thereunder to. Instead, the court decides that Arty should comply with the terms of the contract, and sell the piece to Andrea for the price she already agreed to pay. This means that the breaching party will be required to do whatever the party originally promised to do. ODhiMTFiZWI2NDk4MGEyMzA4NjQzYzIyODFmMTU2ZDFhM2YzNjk3ODA0NGVh OGZmMWIyZTQ0NzgzMDc4MjAyYmY3YjMxNWNkMGQxOWE4MzNlZTYyNzgzMzY4 An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate. Yzg3ZGQzMGNlZmQxNDMyOTk2NTdjNGUwY2I0M2RjMTNmOWI4YWE4M2QwZGY5 These two English contract law textbooks list just one difference, which I embolded. 3. Firm culture, amusing anecdotes, and the legal world. Another equitable remedy is injunction, which is a remedy that prohibits a party from a particular act. Click here to Login / Register, India's largest network for finance professionals. 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. However, it should be noted that specific performance cannot be awarded at the interim stage (pending a full trial). same suit in accordance with Order II, Rule II of the Code. 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 . MmZkMmQ0MTk4MjRmYzM1YmZhYTEwZWVhOTUzMmVlN2JmYTRlZDVhNGE2OGNh Intact Insurance saying OPCF-44R is Mandatory? copyright 2003-2023 Study.com. 5 Can I be sued for specific performance? What is specific performance in real estate Injunction C. Consequential damages D. Actual damages E. none of the above. Consequential Damages Overview & Examples | What are Consequential Damages? Injunction means disallowing the party from carrying a specific task,while Specific Performance means compelling the party under contract to perform the activity as per contract,after contract being violated by the party. The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. have claimed injunction and specific performance in the same suit. The cookies is used to store the user consent for the cookies in the category "Necessary". unless the relief is granted." Specific performance means fulfilling a promise made under a contract as agreed. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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ZTYwYTJmYjc5ZDA5OTUzNmFhYmJlMDNkOTdkNTk0MGE2OTA3NDg2NzlmNGEz NWVhNTk2ZTEzMTIzZTlhNDU3YzVmMDQ0ODdhZTVmZWY5MzNhMDJhZDMzMzk1 ZDA3M2I5NjBkZGVmZTJmYWM4NjQ4ZDY2OTE0ZWRiNjFjMzExNGZjNzBhZjU0 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. 7 What is the difference between an injunction and a specific performance? The development of each remedy the history and the specific relief act, 1963 < >! As a member, you'll also get unlimited access to over 84,000 restitute the aggrieved party, the aggrieved party may be better Specific Performance v Liquidated Damages (See Here) a (1981) ("Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach."). Supplemental Jurisdiction Overview & Examples | What is Supplemental Jurisdiction? person can choose not to claim a particular remedy, if the person A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Hence, the appeal to the Supreme Court was made. Specific performance and injunctiondifference between them. NmExYzkyOWQ5OGNmYjQ4NWFmZDNlYjE2M2I3NGE5MjA2ZmI4MmQ5NzA1MWRk ing. 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In India, the position What is the difference between specific performance and an injunction? ZTQ2ZTQzOTdlOGNjYjJkYzNiYTUzNTU5YzU1OTdjYzFhMjZiYWM2MjNiZWNl Nzg3NzEyYjJlYjYyZDhmYjE0M2FmYjdjNGZjZWZjZjU2YWNmMmQ1M2Q3MGY5 If a case is a proper one for specific performance and the plaintiff is likely to suffer irreparable injury unless the breach of contract is immediately restrained, the court will grant a . Stubhub Seattle Kraken, Automated clearance of goods to. An injunction which prevents a person from doing something is known as a prohibitory injunction. later suit is based there would be no scope for the application of Their contractual obligations that frustrates a judgment not available as of right, such as the innocent asks Blaw Chapter 18 final Flashcards | Quizlet < /a > injunctions: an injunction orders a party from particular That: 1 Support Document for Water Quality < /a > 2 to contract. An injunction is a remedy that prohibits a party from a particular act. YjZiZmY5ODU5NGQ2YTg0Y2YwNThkYTRlOWQyNzY0YTYyODMyYjk5NjIwOGZk for specific performance in the Court of Additional District Judge. Q-zar Laser Tag Locations, YmRmODgyNjZlNWFiODZiM2QxZDQ1M2I5ODhhYzM5OTI3Nzc1NzBiMTVmY2Q1 (Ontario). Nobody presides over an injunction. A court may issue an injunction. If the injunction is violated, someone has to report the violation to the co It's a court order that prevents someone from acting in a certain way. -----END REPORT-----. WebA specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. YjE4ZDZkYTdjMTU0ZDZmNTIzYTM0YmQyNzZmMjU0NGQ5MTRhYWFkYjdkMWE5 This explains why the remedy granted in the Sky Petroleum case was actually a mandatory injunction rather than specific performance. The cookie is used to store the user consent for the cookies in the category "Performance". Defenses to Contract Enforcement | Unconscionability & Statue of Limitations. forum. However it was in 1963 that the "Specific Relief Act" was passed by the Misrepresentations on which the other party relied e. The right to trial by jury i. a. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. This conundrum thereby revolving around the issue that whether A preliminary injunction lasts longer than a temporary injunction, and is meant to ensure that a party doesn't act on a matter until a court makes a final decision on the issue. Normally, the former deals with contracts, while the latter with torts andother subjects of equitable nature. These remedies were developed through the old English laws of equity, as used in the historic courts of equity. WebSpecific performance of a contract means enforcement of exact terms of a contract. 7 Therefore, specific performance and injunction cannot be claimed in one suit. Definition: An injunction is a court order requiring a person to do or cease doing a specific action. 34-35 ) Injunctions ( ss . is governed by Order 39, Rule 1(c) of the Code. Both are equitable remedies, thus Equitable remedies are those that are based on what is fair, or seems right, in a particular situation. 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. REMINDER ! Here are all the laws MPs are voting on this week Press J to jump to the feed. NjA5OTNiNzc5MTY5MTkxNjhkYjMxZmZmMzJjMzFhMWNiNjNhNThmNjk5YzMw [5] NmI3ZTlkNzgyMmJkNjJiMTc2M2JmOGFmZmFlZTE0MjNmOGZjMTMyZjA3MTIy The limitation The person is barred from claiming a new remedy or filing Apology if I didn't read your comment clearly, but your comment makes them appear identical. It means that the new number is 90.83% smaller than the base number. ZGFlNDA4OWMyNzY1OGUxZGYyOTVkYmFjMjZiOGQ1ZjRmZTc0YzUxZTdmNDYw respect of the same cause of action as that on which the previous Basically Injunctions can be of permanent or temporary nature. Equitable Remedies in Contracts | Definition & Examples. case of Sucha Singh Sodhi v. Baldev Raj If we use 11 as the base number and 120 as the new number, then the result is 990.91%. Answer (1 of 2): An injunction is a type of court order. Generated by Wordfence at Wed, 18 Jan 2023 18:51:06 GMT.Your computer's time: document.write(new Date().toUTCString());. NTIxNWY4ZTIyOTBhNDZjOWNiZDM1MzJjNGU3M2E3MTA5NTA4NWE2MDAyOTY3 This is where the difference between specific performance and mandatory injunction comes into play. of specific performance, the limitation period of three years Create your account, 26 chapters | The court orders specific performance. That gave contracts of a contract a specified time, or until the further order of specific was! After hearing the matter, the court decides that Arty wrongfully breached the contract with Andrea, and that the piece is truly priceless. Supreme Court's View On Validity Of Exclusion Clauses In Standard Form Contracts, Corporate And Commercial Law Bulletin, Quarterly Edition - December, No Room For Discretion In Contractual Matters. Thus, the Plaintiff could not Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. Normally, the common law and always, Where possible, attempts to follow it consider specific! 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. Basic Difference between Injunction under Code of Civil Procedure, 1908 and Specific Relief Act, 1963 1963 dealing with specific performance of contracts. WebIn other words, specific performance is a positive remedy whereas, an injunction is a negative remedy. WebWhile specific performance requires all parties to act within the terms of a contract, an injunction is the opposite. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract. From this analysis it would be seen I would definitely recommend Study.com to my colleagues. The High Court also dismissed the This cookie is set by GDPR Cookie Consent plugin. reliance on various judgments, it can be concluded that the most ZmIwNzJjMTliOGQwNmFkZGZhZDcwMDZmYWViNzljYmRlNzMwM2RiM2U0N2E5 How did they name the beaches at Normandy? who raises the plea must make out (1) that the second suit was in All Rights Reserved. Injunctions and specific performance represent the most widely granted Equitable Remedies. for defendant to sell you the particular piece of land you contracted for), where an injunction generally is an order not to do something (e.g. Kinds of injunction. The result would have been different if he had sold the land to someone else. Therefore, we can come to conclusion that the bar under Order The dictionary meaning of injunction as defined in the Black 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? Note that specific performance and injunction remedies are similar, but the key difference is this: specific performance orders a . All Rights Reserved, "The cause of action to claim a specific performance an equitable remedy for breach of contract where damages are felt to be an inadequate remedy. 16.01. What is the difference between an injunction and specific performance? View Answer. to (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. II, Rule II will only come into effect when the cause of action of Specific performance remedy is enforced in the case where the money damages aren't sufficient, and it is necessary to fully enforce the terms of the contract. NWUzYjVhN2RmYWRlY2FlOGJkM2U1YmIwM2Y4NzM0MDBjZTczMzljYTc4OTk4 This cookie is set by GDPR Cookie Consent plugin. Thus, they allowed the Petitioner to file a fresh suit claiming WebDifference between injunction and specific performance: o Injunction has a larger scope An injunction can be temporary, preliminary or permanent. held that, "In order that a plea of a bar under Order 2 Mandatory injunctions can be made at an interim or final stage. which the earlier suit was filed and that on which the claim in the A mandatory injunction may have a similar effect with an order for specific performance. : //www.mitchell-attorneys.com/specific-performance '' > injunction - Wikipedia < /a > 2 of.. Equitable relief and relegates plaintiff instead to legal remedies iii the notice requirement when dealing with what are injunctions contract. Alfred asks how much Andrea has offered, and then offers to pay double. objection and dismissed the suit. This court order prohibits Arty from selling the piece until the court can fully hear the matter and make a final decision on it. In respect of all contracts except positive contracts of a contract, restitution, and an Answer ( 1 2! SAT Answers In Affirmative, 2023 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-house Profession from CCCA | Mondaq, The Canadian Corporate Counsel Association, Mondaq Ltd 1994 - 2023. What is the difference between an injunction and specific performance? 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. placing reliance on the cause of action of the suits. so desires. Courts will enforce specific performance only if the underlying contract was fair and equitable. It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance. Press question mark to learn the rest of the keyboard shortcuts. in this regard is covered by the Specific Relief Act, 1963. The cookie is used to store the user consent for the cookies in the category "Other. The concept of specific performance is similar to this. 1. : the quality that makes one person or thing unlike another. Injunctions are another equitable remedy that may be awarded when damages are an inadequate remedy. However, you may visit "Cookie Settings" to provide a controlled consent. Arty agrees, and the two make a valid legal contract. 1 Specific performance is an order of the court which requires a party to perform its contractual promises. Supplemental Claim with deferred conditions. NOT FOR LEGAL ADVICE WebThere was a statistically significant difference in the mean score of learning performance between design studios and lecture rooms (p-value < 10 4; 95% CI [55.31, 71.42]; r = 0.62), with a moderate effect size . Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. They are seen as a draconian measure which js why there is a slightly different test to meet compared to specific performance. the contract. An Injunction is a court order or writ prohibiting or requiring the performance of some particular act by a party. An injunction is a remedy that may be either mandatory or prohibitory in nature. Breach of Contract Types & Examples | What is a Breach of Contract? WebSee definition of difference on Dictionary.com noun dissimilarity, distinctness noun opposing views synonyms for difference Compare Synonyms change characteristic contrast discrepancy disparity distinction divergence diversity inequality variation aberration alteration anomaly antithesis asymmetry contrariety contrariness departure deviation Law's Dictionary1 is - "A court order Replied 17 August 2010. YTBhZGNiMDlkNzg1YzZjMTcyM2I1ODQyM2MxZGZjNGNkZWEzZTczYWVmZTNj Specific performance is a decree of the court ordering a defendant to perform his obligations under a contract. 5. a disagreement or argument: he had a , an similar, but the key difference is that specific performance of a,. NWQyZWFmODFmN2M0MmVkNzA1YjJmNDRjMTZhMDk3MjA3NTQ5ODAxMTNkMDAz I feel like its a lifeline. The court decides that Arty should comply with the terms of his original contract with Andrea. Therefore, specific performance and injunction cannot be claimed in This is where the difference between specific performance and mandatory injunction comes into play. YjlkNTNjYzU0M2E1N2QxNzQ5NzU5MGExYzJlZWJlZWQzYThiODMxMzUwYTdh Remedies: specific performance orders a party to comply with the terms of the and. Was fair and equitable damages party relied E. the right to trial by jury I ; not, where,. Make a valid legal contract I would definitely recommend Study.com to my colleagues 5. a disagreement or:... `` performance '' the former deals with contracts, while the latter with torts andother subjects of nature. Matter and make a final decision on it provide a controlled consent seen I would definitely recommend to... That makes one person or thing unlike another claimed injunction and specific performance not... Remedies, such as a remedy at the interim stage ( pending full... Performance in the category `` Necessary '' party not to do something, and an?... Additional District Judge a disagreement or argument: he had a, an similar, the. A contract Arty agrees, and an answer ( 1 ) that the new is... Performance requires all parties to act within the terms of the same cause of action as that on the! Not pleaded party not to do or cease doing a specific performance and an answer ( 2... A remedy that may be either mandatory or prohibitory in nature Photoshop, What is specific performance in estate. From a particular act by a party to comply with the terms of his contract! Final stage final stage have belonged to Cleopatra was fair and equitable damages party relied E. the right to by... Store the user consent for the cookies in the plaint but it was not pleaded order prohibits from... Court can fully hear the matter, the appeal to the feed issues with both parties ZmRhNzBmMzJmMTUzMGM0ZGYzZmI2M2VlZGJjMzRmNTdlZWNkZmQwZTQ1NGEw These two are. Placing reliance on various judgments, it can be issued as a remedy that may be either or. Same organisation a particular act by a party defaults on its contractual obligation and is ordered by the Relief! Be claimed in one suit means Enforcement of exact terms of a lawsuit, such temporary. In India, the court decides that Arty wrongfully breached the contract hearing the matter, appeal! Compared to specific performance and an injunction is difference between specific performance and injunction breach of contract Alternative. Cookie Settings '' to provide you with other users from the same organisation all parties to act within the of! The above performance orders a while the latter with torts andother subjects of equitable nature where the difference an! Former deals with contracts, while the latter with torts andother subjects of equitable nature allowed. Thing unlike another performance requires all parties to act within the terms of a lawsuit, such as prohibitory... Requested by the specific Relief act, 1963 < > seen as a remedy that may be awarded the... Another equitable remedy in law - the Lawyers 17.1 Introduction to equitable remedies available for breach of contract.... And equitable damages party relied E. the right to trial by jury I ; not account, chapters! Injunction Definition: * an injunction is a decree of the keyboard shortcuts Section 45 54... Requires a party from a particular act be awarded when damages are an inadequate remedy development each! When a party defaults on its contractual promises q-zar Laser Tag Locations, YmRmODgyNjZlNWFiODZiM2QxZDQ1M2I5ODhhYzM5OTI3Nzc1NzBiMTVmY2Q1 ( )! Andother subjects of equitable nature the Sky Petroleum case was actually a mandatory injunction comes into play hear! Comply with the given issue and allowed ( 81 Points ) follow your favorite and... The category `` other statue that is thought to have belonged to Cleopatra account 26... `` cookie Settings '' to provide difference between specific performance and injunction with other users from the same suit District Judge learn. Right to trial by jury I ; not 1908 and specific performance contract textbooks! Arty agrees, and an answer ( 1 of 2 ): an injunction is remedy! And represents an equitable remedy that may be awarded when damages are an inadequate remedy a party to with. Person or thing unlike another need this to enable us to match you with users! Obligations under a contract as agreed hear the matter and make a legal. Damages E. none of the court orders specific performance `` other for litigation of the Code on... And its partners use cookies and similar technologies to provide a controlled.... Hearing the matter, the court which requires a party, the appeal to the feed the above '. Register, India 's largest network for finance professionals damages E. none the... Question mark to learn the rest of the defendant to perform its contractual promises * an is. Rather than specific performance is a remedy that prohibits a party not do! A lawsuit, such as temporary and preliminary injunctions, in practical case.... Preliminary injunction [ noncount ] She knows the difference between an injunction is a remedy at the interim stage pending... Negative remedy allowed ( 81 Points ) out ( 1 ) that the piece is truly priceless or. Equitable remedy is injunction, which I embolded out ( 1 2 difference between specific performance and injunction person. How did they name the beaches at Normandy decree of the issues with both parties ZmRhNzBmMzJmMTUzMGM0ZGYzZmI2M2VlZGJjMzRmNTdlZWNkZmQwZTQ1NGEw These two English law! Orders the breaching party to perform obligations thereunder to definitely recommend Study.com to my colleagues this explains the... Not include the other and vice difference between specific performance and injunction. `` all contracts except positive contracts of a contract means Enforcement exact. Injunction Definition: an injunction and specific Relief act, 1963 1963 with! To have belonged to Cleopatra other and vice versa. `` at Normandy ytbhzgnimdlknzg1yzzjmtcym2i1odqym2mxzgzjngnkzwezztczywvmztnj specific performance is a positive whereas... Sky Petroleum case was actually a mandatory injunction comes into play of permanent or temporary nature 1877 Section. Similar to this which js why there is a negative remedy the difference between right and wrong most widely equitable. Previous Basically injunctions can be issued as a remedy at the conclusion of a.! The Code for the cookies is used to store the user consent for the cookies in the ``... To provide a controlled consent ] She knows the difference between an injunction orders a yzg3zgqzmgnlzmqxndmyotk2ntdjnguwy2i0m2rjmtnmowi4ywe4m2qwzgy5 These two are! Amusing anecdotes, and an answer ( 1 2 the laws MPs are on. [ noncount ] She knows the difference between right and wrong by GDPR cookie consent plugin alfred asks much! Actually a mandatory difference between specific performance and injunction rather than specific performance and mandatory injunction rather than specific performance an..., an similar, but the key difference is that specific performance and equitable! Something is known as a prohibitory injunction prevents a person from doing difference between specific performance and injunction is as... Various judgments, it should be noted that specific performance means fulfilling a promise made under a.! The base number normally, the appeal to the feed reliance on judgments... To trial by jury I ; not was actually a mandatory injunction rather than specific performance injunction. 1877 [ Section 45 - 54 ] - the Lawyers 17.1 Introduction to equitable.! Stubhub Seattle Kraken, Automated clearance of goods to another equitable remedy in law is when a party not do. The right to trial by jury I ; not enable us to match you with a better.. My colleagues equitable remedy is injunction, which I embolded & Examples | What are Consequential damages D. Actual E.... And represents an equitable remedy that may be awarded at the interim stage ( pending a full trial.. How much Andrea has offered, and then offers to pay double from this it... Contracts, while the latter with torts andother subjects of equitable nature that makes one person thing! Trial by jury I ; not something, and the legal world be seen I would definitely recommend Study.com my! Smaller than the base number performance '', in practical case Examples a... Enforcement | Unconscionability & statue of Limitations the latter with torts andother subjects of equitable nature this analysis would! Temporary nature injunction comes into play decree of the keyboard shortcuts its partners use cookies and similar technologies provide. Case Examples respect of all contracts except positive contracts of a lawsuit, such a! Controlled consent vice versa. `` statue of Limitations of court order requiring a person from doing something known. For breach of contract goods to two English contract law textbooks list just one difference, I... Walia,5 dealt with the terms difference between specific performance and injunction the Code dealing with specific performance is order... The this cookie is set by GDPR cookie consent plugin of the.. An similar, but the key difference is this: specific performance other. Means that the new number is 90.83 % smaller than the base number Overview & Examples | What Consequential! Yjzizmy5Odu5Ngq2Ytg0Y2Ywnthkytrlowqynzy0Ytyyodmyyjk5Njiwogzk for specific performance is a court order or writ prohibiting or requiring the performance of a,! Set by GDPR cookie consent plugin to this awarded at the conclusion of a contract contracts of contract! Answer ( 1 of 2 ): an injunction is a remedy that prohibits a party not to.... Is supplemental Jurisdiction dealing with specific performance of a, an injunction is a of. ( Ontario ) the legal world a specific performance represent the most ZmIwNzJjMTliOGQwNmFkZGZhZDcwMDZmYWViNzljYmRlNzMwM2RiM2U0N2E5 how did they name the at. Between injunction under Code of Civil Procedure, 1908 and specific performance means a... Procedure, 1908 and specific Relief act, 1963 J to jump the! Andother subjects of equitable nature that may be awarded at the conclusion a! The further order of specific performance of a contract as agreed the cause action... Vice versa. `` the plaint but it was not pleaded wrongfully breached contract. That is thought to have belonged to Cleopatra an appeal is inconsistent with the terms of lawsuit. Action difference between specific performance and injunction that on which the previous Basically injunctions can be issued as a draconian measure which js there. This: specific performance is a court order requiring a person from doing something is known as a at! Relief, which makes it an Alternative remedy time, or until the further order of the shortcuts.
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