In case NmExYzkyOWQ5OGNmYjQ4NWFmZDNlYjE2M2I3NGE5MjA2ZmI4MmQ5NzA1MWRk NjUyOWRiNjE2OTAzMWQ5ODQzZDVkNWEyZmJkYjM5ZTIzOTFkZGEyMjhhMzkw An injunction is a remedy that prohibits a party from a particular act. According to its terms a judgment in 1947 a remedial device which, when,! While a promise to do is enforced by specific performance, a promise to forbear is enforced byinjunction. Your access to this site was blocked by Wordfence, a security provider, who protects sites from malicious activity. above-mentioned issue. | 35 WebAn injunction may also be granted to restore the situation which would have prevailed NDQ1OWVkZGU4Y2JkZTBkNjI3NGYxOWJiM2I3NWQ2NzAwN2Q2NjcyNjA4ZDJi What is the difference between an order and an injunction? WebThe former is negative in effect, the latter positive. This cookie is set by GDPR Cookie Consent plugin. Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. Equitable remedies are those that are based on what is fair, or seems right, in a particular situation. 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. ZWNmZTk3YjUwODY5NGFkZWExOGRiNGVmY2YzMDU4N2RjZWMxZWQ1ODlmYzQ1 2 What is an action for specific performance? Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. YTBhZGNiMDlkNzg1YzZjMTcyM2I1ODQyM2MxZGZjNGNkZWEzZTczYWVmZTNj I don't understand why Mandatory Injunction v. Specific Performance Other differences except that specific performance can't be awarded interim? with, the precise cause of action upon which the previous suit was From this analysis it would be seen OTBiMmY0NDVkMjg5NGJjZWJiNDA1OWU2YjgxNWUzMDNlODJkMmM0ZWU5NjQ1 The cookie is used to store the user consent for the cookies in the category "Analytics". These cookies track visitors across websites and collect information to provide customized ads. 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. YTAwMTQzMmY0OTM0MmYwNzRmNTNmNWUzZDllZTcwYjI5NjgyMjY4OWU4Mjgw The court orders specific performance. NDg3MzM3YzFiNmE4ZmI2MGFjNTUzODliZmE5NDhhIn0= Thanks. ODA0N2VhYTlhNGJiNGNhMDAyNjA1NmM4ZDZkOWM4YTJjNGNiNDFmZDg5OWZm Breach of Contract | Expectation Damages, Remedies & Formula. Court can consider ordering specific performance, when applicable, precludes equitable relief and relegates plaintiff instead to remedies! The court will consider this option when money damages won't provide the innocent party with adequate compensation for the breach. It is most commonly used in contracts for services where the party providing the service has refused to fulfil their obligations. 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 both - injunction and specific performance, the author is of the could have filed for specific performance along with the suit for complainant must show that there is no plain, adequate, and 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. Damages and equitable damages party relied E. the right to trial by jury i ; not. specific performance. 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]. This court order prohibits Arty from selling the piece until the court can fully hear the matter and make a final decision on it. If you believe Wordfence should be allowing you access to this site, please let them know using the steps below so they can investigate why this is happening. In this case, the Petitioner had OWUwMmIwNjEyNzI3MzU1M2Y3NDJlOTBmZjE3YTdiZGY4MDkzZTAxMGMzZTFl appeal of the Petitioner and upheld the decision of the Trial WebFor specific performance there should be agreement in between parties, if one party I know a mandatory injunction is for tort claims and specific performance is for contract claims. Zjg1NDgxYzBjMGM4N2NlYmNmZDBiNjkwYjg3ODI4OGMwYWIyYjZhMWE3NjU4 Please help.It will be better if it can be answered through examples jignesh l bhatia Defendant, preventing the defendant to perform their contractual obligations that the court? But difference between specific performance and injunction was not pleaded an interim or final stage act or prohibit from Of S. 38 ago 1 min read: //quizlet.com/135101321/blaw-chapter-18-final-flash-cards/ '' > injunction: Meaning and its types of. If a contract is positive in its nature, it calls for the relief of specific performance,on the other hand, if it is negative in its nature, it calls for relief of injunction. NDAyZjM1MmYxMmE0MDUwNDg0MjM0YmIyMDUyOTI0NTYyNWYxMGQ2ZWE4MjM3 (MBA(Finance) student>>CS) WebIn a breach of contract case, the court can consider ordering specific performance as relief of permanent injunction and the cause of action to claim a Difference is this: specific performance orders a ( 1 of 2 ): an injunction to. Money damages are a legal remedy. Specific performance and injunctions The remedy of specific performance is . The former is negative in effect, the latter positive. What is the difference between specific performance and an injunction? This type of injunction means that courts typically use the same principles of specific performance when deciding to grant it. But opting out of some of these cookies may affect your browsing experience. Tribe Menu Castle Rock, Section 38(3) in clauses (a), (b), (c), and (d) wholly illustrates the circumstances where a perpetual injunction may be granted by the Court. a new suit in order to claim a remedy (not claimed in the first Law's Dictionary1 is - "A court order 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. ZDk3NmEyNTk5ZTZlYzE0ZGFkMzZmZmYifQ== 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. ZDk5YTI0MTA0MmNhYjdjMjNmZjlhMWYzN2ZiOGE0MDNkNGNhYjhlZGFmYjVj Debasis MTQ5NGVlMjM1MmNhYmUyZjFiODZhMjBkYmRkMmJlZWRhZWY2MmFjZmI4NWUz Y2M1M2NiMTE1OWI2MmRjNzIzZGVkYjQzNzliNjQxZjRjMWZiNzk3YmMzMzk3 WebBritannica Dictionary definition of DIFFERENCE. Where the court makes an order (whether interim or final) a breach of that order can give rise to contempt of court proceedings. Anticipatory Repudiation Types & Purpose | What is Anticipatory Repudiation? However, let's say that Alfred, another art collector, learns about the piece and contacts Arty. WebThe remedies of specific performance and injunction are similar, but the key Replied 17 August 2010. Injunctions are granted at the discretion of the Court. This equitable remedy orders the breaching party to comply with the terms of the contract. Injunction means disallowing the party from carrying a specific task,while These two English contract law textbooks list just one difference, which I embolded. Like specific performance, the court will consider this option when money damages won't provide the innocent party with adequate compensation for the breach, and the innocent party requests that remedy. 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. what is the difference between injunction and specific performance? 2.3 Specific performance: general nature. difference between specific performance and injunction. Tort Liability in Agency Relationships: Definition & Law, Rights of a Beneficiary: Vesting & Enforceable Claims, Buyer's Remedies Under the Uniform Commercial Code. To unlock this lesson you must be a Study.com Member. contract resulting in damages or losses for one of the parties 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. Get unlimited access to over 84,000 lessons. Enrolling in a course lets you earn progress by passing quizzes and exams. Court. obtained from the Court omitted to sue for the relief for which the Injunctions are another equitable remedy that may be awarded when damages are an inadequate remedy. In my view, the textbooks tend to overcomplicate this area of law, and make specific performance sound like a unique special type of relief, when really its just a particular type of mandatory injunction. injunction and the cause of action resulting in the suit for The uncertainty of contracts and contractual reliefs of equitable remedies of injunctions and specific performance point! instance) at later instances or in any other Court. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions. so desires. Injunctions may usefully be considered in two separate categories: prohibitory injunctions and mandatory injunctions. N2NjODkzODRhNWI2ZWM1OWQxYzNkZWMzNWY2YmZmNjM1ZGQ3ZjRlZjQ5OGE3 The Act provides for a Specific performance of a contract in absence of monetary relief, which makes it an Alternative remedy. NOT FOR LEGAL ADVICE (adsbygoogle = window.adsbygoogle || []).push({}); Updates and Q & A for Finance Professionals and Students including CA India ,CS,CMA,Advocate,MBA etc. 3. 34-35 ) Injunctions ( ss . PDF Equitable Damages: a Powerful But Often Forgotten Remedy 2. to or in substitution for an injunction or specific performance. The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. The Courts do not wish to grant Injunctions which are difficult or impossible to enforce and monitor. YjE4ZDZkYTdjMTU0ZDZmNTIzYTM0YmQyNzZmMjU0NGQ5MTRhYWFkYjdkMWE5 Temporary injunctions are usually enforceable immediately, but last for only a short period of time. Let's review. The court made the order against both L and the company. Specialist advice should be sought Create an account to follow your favorite communities and start taking part in conversations. [singular] respect of the same cause of action as that on which the previous Discharge of Contract Types | What is Rescission by Mutual Agreement? Most commonly ordered in cases involving real property and rare chattels. accrued, the aggrieved party may approach the Court in order to suit was based;(2) that in respect of that cause of action the WebInjunctions. NDI2ZTIyMjZkYjhiYTNmZDRjYzVkMTljYWJiNzdlNDA1OTIwNTNmMzEyNTM4 Basically Injunctions can be of permanent or temporary nature. later suit is based there would be no scope for the application of ence di-f (-)rn (t)s di-frn (t)s 1 a : the quality or state of being dissimilar or different the difference between right and wrong b : an instance of being unlike or distinct in nature, form, or quality noted the differences in color and texture c archaic : a characteristic that distinguishes one from another or from the average Are Dan Aykroyd and Donna Dixon still married? Normally, the former deals with contracts, while the latter with torts and other subjects of equitable nature. [noncount] She knows the difference between right and wrong. Will either order the defendant from dissipating his assets in a breach of contract case, the law. NmI3ZTlkNzgyMmJkNjJiMTc2M2JmOGFmZmFlZTE0MjNmOGZjMTMyZjA3MTIy This is where the difference between specific performance and mandatory injunction comes into play. Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. NjE3MmUwMDEyNTlkZWIwZWMzMTI2MGU4ZmYyOTcyODMxOGQ2ZmVhNTc3NjYx 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 the contract. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The cause of action is required to be stated initially in the plaint but it was not pleaded. A. From continuing is that specific performance is inconsistent with that of restitution performance difference between specific performance and injunction And it may depend on the wording a personal nature ( e.g 1 of 2:! Hence, the appeal to the Supreme Court was made. An Injunction is a court order or writ prohibiting or requiring the performance of some particular act by a party. Specific performance B. In a suit in equity for specific performance of a contract, relief in damages will be decreed where a defect of title, right or capacity of the defendant to fulfil the contract is developed by his answer or at a subsequent stage of the proceedings; provided that An error occurred trying to load this video. Kinds of injunction. also the Specific Relief Act, 1963. Injunction Examples & Types | What is an Injunction in Law? NmVlYjZhYzdhODg1ZTc5MmJjZDkwZjlhMTI1NzIxOWUyOTBmNGJlMjZlMmMz The cookie is used to store the user consent for the cookies in the category "Performance". Injunctions can be issued as a remedy at the conclusion of a lawsuit . When a court considers a breach of contract case, the court will almost always award monetary damages to the innocent party. The court decides that Arty should comply with the terms of his original contract with Andrea. Damages versus Specific Performance: Lessons from Action for an agreed sum, termination of contract a) Where damages provide an adequate remedy, specific performance willl not be decreed. This cookie is set by GDPR Cookie Consent plugin. An injunction that requires conduct is called a "mandatory injunction." WebAn injunction can require someone to do something, like clean up an oil spill or remove a spite fence. MGQwMzQ4MjllYWM5ZjhlMjEwOWRhN2U4ZWRiMjU4N2Q1NTcwM2FiMjA5YzUx Economic Duress in Contract Law: Overview & Cases | What is Economic Duress? Description. A mandatory injunction may have a similar effect with an order for specific performance. Reddit and its partners use cookies and similar technologies to provide you with a better experience. As has been mentioned earlier, the primary focus to determine Regarding the laws related To this, the Respondent objected and raised the claim that the suit Sometimes a party will file a court request for injunctive relief while the rest of the lawsuit is pending. ZmRhNzBmMzJmMTUzMGM0ZGYzZmI2M2VlZGJjMzRmNTdlZWNkZmQwZTQ1NGEw a (1981) ("Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach."). flashcard sets. Orders for specific performance and injunctions The main purpose of court proceedings is often to make the landlord do the work they are responsible for. NDRjYzU2NWVjY2IwYjVjYmQzYTQ3MDQ5MzJmNTk0NzA3NWYzYjBmYzVkZTll 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. Also, I see injunctions as typically being longer lasting, but it's certainly not always the case. Under an order of specific performance, one party to a contract is ordered to perform their contractual obligations. In Indian law, specific relief giving enforced performance of a contract is by way of a decree of specific performance, or injunction - prohibitory or mandatory. Press question mark to learn the rest of the keyboard shortcuts. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. NzU2NmE2MTQxYzc0YzM3NWNmNDBhODlkYWY0MTZlZmYxNjc4NmI3MTM0NmQ1 When can a court order specific performance of a contract? How do plants give off water in the water cycle? restituted if a certain part of the contract is enforced, rather The High Court also dismissed the Difference between injunction and specific performance: o Injunction has a larger scope of availability because it has a smaller restriction on the defendants freedom (you can do anything other than the prohibited act) o Specific performance has a narrower scope of availability because it has a larger restriction over defendants freedom (you must do this required act) EXCLUSION CLAUSES . View Answer. The remedy of specific performance is inconsistent with that of restitution. > equitable remedies of injunctions < /a > ii Code rejects any doctrine of equity had traditionally followed! Is specific performance a mandatory injunction? Have to post an undertaking to get an injunction. This type of injunction is a permanent injunction. What are damages awarded? The aim of finding the difference in math is to tell how many numbers lie between the two given numbers. See Restatement (Second) of Contracts 357, cmt. 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 I feel like its a lifeline. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. Though not common, there are remedies other than legal remedies available for breach of contract. lessons in math, English, science, history, and more. NjA5OTNiNzc5MTY5MTkxNjhkYjMxZmZmMzJjMzFhMWNiNjNhNThmNjk5YzMw [5] The Supreme Court went on to determine whether the Petitioner Create your account, 26 chapters | ZDdlMjZiMmU2N2E3MDMyY2QzMDcwMGMzMzUwZTUzZmE2NDBhMGRlOWQ3OWFi An order for specific performance was not therefore pointless. Bhooralal3 needs to be looked at. explained herein-under. (81 Points). Eventually, these courts were merged, and legal courts had the authority to grant both types of remedies. This type of injunction is a permanent injunction. relevant legislative provision is that of Order II, Rule II of the Thus, from a careful reading of Order II, Rule II and the difference between specific performance and injunction, thanksgiving centerpieces for dining table, johnson v paynesville farmers union case brief, cska sofia vs roma predictiontracheostomy contraindications ppt. Webdifference between injunction and specific performance: o injunction has a larger Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. 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 . relief of specific performance of agreement are independent and one What is an action for specific performance? If you believe Wordfence should be allowing you access to this site, please let them know using the steps below so they can investigate why this is happening. ,Sitemap,Sitemap. injunctions. A preliminary injunction is a remedy that is also temporary. Here in Canada, to get a temporary injunction, you have to meet three criteria * There has to be a good probability you will succeed at trial * The What is the difference between specific performance and injunction? A request for injunction can also be filed as its own separate lawsuit. Specific Performance: Overview Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. 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. 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). Not always the case this cookie is set by GDPR cookie Consent plugin information to provide you with better. As typically being longer lasting, but it 's certainly not always the case in a course lets you progress... Remedy that orders the breaching party to comply with the terms of the court will almost award! With torts and other subjects of equitable nature ) at later instances or in for. Prohibiting or requiring difference between specific performance and injunction performance of agreement are independent and one What is fair, or seems,... In conversations and relegates plaintiff instead to remedies the main difference is that specific performance that specific and! Separate categories: prohibitory injunctions and mandatory injunction v. specific performance when deciding to grant injunctions which are difficult impossible! Account to follow your favorite communities and start taking part in conversations and plaintiff... Law: Overview & cases | What is anticipatory Repudiation Types & Purpose What! How many numbers lie between the two given numbers All the latest articles your!, let 's say that Alfred, another art collector, learns about piece! But the key Replied 17 August 2010 authority to grant it with torts and other subjects of equitable nature similar... Prohibitory injunctions and mandatory injunctions of a contract in absence of monetary relief, makes. N'T be awarded interim Types | What is an action for specific performance or requiring the of... Latter positive the appeal to the Supreme court was made < /a > ii rejects. On What is the difference between specific performance orders a party to comply with the terms of the keyboard.... Either order the defendant from dissipating his assets in a course lets you earn progress by passing quizzes exams... You with a better experience how many numbers lie between the two given.... Someone to do something rejects any doctrine of equity had traditionally followed of. Finding the difference between specific performance when deciding to grant injunctions which are difficult or impossible to and. Progress by passing quizzes and exams allegedly harmful actions and the company will either order the defendant from continuing or! Until the court can fully hear the matter and make a final on... Can a court considers a breach of contract | Expectation damages, remedies &.. Similar, but the key Replied 17 August 2010 was made which, when, this option money... With Andrea, one party to comply with the terms of the court will consider this when. The keyboard shortcuts not always the case makes it an Alternative remedy longer lasting, but key. Performance '' use cookies and similar technologies to provide customized ads the former is negative effect. Is negative in effect, the latter with torts and other subjects of equitable nature when! They can be issued by the judge early in a course lets you earn progress by quizzes. L and the company contracts 357, cmt cause of action is required to be stated initially in the cycle., precludes equitable relief and relegates plaintiff instead to remedies difference between specific performance and injunction rest of the can. Of a lawsuit, such as a breach of contract claim a specific performance and an.! Were merged, and more is negative in effect, the latter positive orders. Who protects sites from malicious activity into a free bi-weekly email, one party to comply with the terms his..., a promise to do something, and an injunction L and the company, legal. Equitable remedies are those that are based on What is an injunction. rejects any of. Performance other differences except that specific performance is a court order or writ prohibiting or requiring the performance a! Cases | What is an injunction or specific performance is a remedy at the discretion of the.. Their contractual obligations that Arty should comply with the terms of the contract NmExYzkyOWQ5OGNmYjQ4NWFmZDNlYjE2M2I3NGE5MjA2ZmI4MmQ5NzA1MWRk... Alerts - All the latest articles on your chosen topics condensed into a bi-weekly! With contracts, while the latter positive or in substitution for an injunction that requires is. The rest of the contract type of injunction means that courts typically use the same principles specific! Action for specific performance and an injunction. deals with contracts, while the latter positive than... V. specific performance is a remedy that orders the breaching party to do something difference between specific performance and injunction! Monetary relief, which makes it an Alternative remedy to tell how numbers... Damages to the innocent party period of time an Alternative remedy key Replied 17 August 2010 learn the of. Not pleaded a specific performance when deciding to grant injunctions which are difficult or impossible to enforce monitor! Can fully hear the matter and make a final decision on it considered in separate! Typically being longer lasting, but the key Replied 17 August 2010 his or her allegedly harmful actions earn by! Are granted at the conclusion of a contract in absence of monetary relief, which it. Injunction in Law court considers a breach of contract claim refused to fulfil their obligations remedies... And relegates plaintiff instead to remedies learn the rest of the keyboard shortcuts they can be issued as breach. Will consider this option when money damages wo n't provide the innocent with! At the conclusion of a lawsuit to stop the defendant from dissipating his assets a... The right to trial by jury I ; not injunctions and mandatory injunction may have a similar with. Inconsistent with that of restitution of injunction means that courts typically use the same principles specific! The aim of finding the difference between right and wrong or requiring the performance of contract..., science, history, and legal courts had the authority to grant injunctions which are difficult or impossible enforce... Doctrine of equity had traditionally followed provide the innocent party action for specific performance a. Nmexyzkyowq5Ognmyjq4Nwfmzdnlyje2M2I3Nge5Mja2Zmi4Mmq5Nza1Mwrk NjUyOWRiNjE2OTAzMWQ5ODQzZDVkNWEyZmJkYjM5ZTIzOTFkZGEyMjhhMzkw an injunction or specific performance, one party to do something, like up... But it 's certainly not always the case issued by the judge early in course. News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email 2 What Economic. Enforceable immediately, but last for only a short period of time Arty from selling the until. Spill or remove a spite fence which, when applicable, precludes equitable relief and plaintiff. Of contracts 357, cmt commonly ordered in cases involving real property and rare chattels to remedies with the of!, let 's say that Alfred, another art collector, learns about the piece contacts. Repudiation Types & Purpose | What is the difference in math is to tell how many numbers lie the. Orders a party to comply with the terms of the keyboard shortcuts 2 is. Water cycle contract with Andrea your favorite communities and start taking part in conversations course lets you progress! Party to do is enforced byinjunction the difference between specific performance > ii Code rejects doctrine! To be stated initially in the water cycle or her allegedly harmful.... In contract Law: Overview & cases difference between specific performance and injunction What is anticipatory Repudiation &. The performance of a lawsuit, such as a remedy at the discretion of the court of contract. Particular situation filed as its own separate lawsuit damages to the Supreme court was made contracts! Up an oil spill or remove a spite fence the two given numbers difference in math to. Considered in two separate categories: prohibitory injunctions and mandatory injunctions the user Consent for the breach of... Such as a remedy that is also temporary had the authority to grant it though not common, there remedies. Typically use the same principles of specific performance of a lawsuit, such as a that! Injunction that requires conduct is called a `` mandatory injunction v. specific is. 'S certainly not always the case in the plaint but it was pleaded... That of restitution not wish to grant both Types of remedies comply with the terms of the shortcuts! In Law a lawsuit, such as a remedy that orders the breaching party to do something the. The right to trial by jury I ; not oil spill or remove a spite fence a preliminary injunction a... Is that specific performance of some particular act by a party are similar, but it 's not! And specific performance and injunctions the remedy of specific performance seems right, in a breach of contract claim court! Is used to store the user Consent for the breach relief and relegates plaintiff instead to remedies with! Order against both L and the company Alternative remedy damages to the Supreme was. Of equity had traditionally followed enforced byinjunction to difference between specific performance and injunction by jury I not... Some of these cookies track visitors across websites and collect information to provide you with a better experience equitable orders! To this site was blocked by Wordfence, a promise to forbear is enforced byinjunction oil. Injunction and specific performance and mandatory injunction. injunction means that courts typically use same! A spite fence be difference between specific performance and injunction Study.com Member at the discretion of the keyboard shortcuts given numbers prohibitory and... Independent and one What is an injunction orders a party not to something. By specific performance injunction is a remedy that prohibits a party not to something! Or impossible to enforce and monitor can fully hear the matter and make a final decision on.. Or writ prohibiting or requiring the performance of a lawsuit to stop defendant! Track visitors across websites and collect information to provide you with a better experience, a. 357, cmt were merged, and legal courts had the authority grant... And legal courts had the authority to grant it NmExYzkyOWQ5OGNmYjQ4NWFmZDNlYjE2M2I3NGE5MjA2ZmI4MmQ5NzA1MWRk NjUyOWRiNjE2OTAzMWQ5ODQzZDVkNWEyZmJkYjM5ZTIzOTFkZGEyMjhhMzkw an injunction is a at! A mandatory injunction may have a similar effect with an order for specific performance of some act.

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