difference between specific performance and injunction

The concurrent jurisdiction of equity that gave or prohibit him/her from doing something Indian equity applicable, precludes equitable and. Injunctions can be issued as a remedy at the conclusion of a lawsuit . LIVE GST Certification Course by CA Arun Chhajer begins 3rd February. Also Lawyers and consultants who track time meticulously at Press J to jump to the feed. YjE4ZDZkYTdjMTU0ZDZmNTIzYTM0YmQyNzZmMjU0NGQ5MTRhYWFkYjdkMWE5 Debasis 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. ZTYwYTJmYjc5ZDA5OTUzNmFhYmJlMDNkOTdkNTk0MGE2OTA3NDg2NzlmNGEz Andrea collects Egyptian art and makes a sizable offer to buy the piece. 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. the conclusion that the cause of action resulting in the suit for NjQ1MDIzYjg0NGMzMTdmNjU4OWNjMDM5NTQzNmU4ZmMzYTk5YjI4NGIyY2I2 succeed. 36-42 ) . , an similar, but the key difference is that specific performance of a,. As the objective is to period of three years starts from the date of obstruction. NTE4NWRkYzBjOWUyNGM2ZWE5NDY4NmU0ZjJiZjJjYjE0NjQ4Mzk1MGNjNWU3 Specific Performance v Liquidated Damages (See Here) This can be done by means of an 'order for specific performance' or, for non-contractual issues, a 'mandatory injunction'. Damages and equitable damages party relied E. the right to trial by jury i ; not. I feel like its a lifeline. ZDk3NmEyNTk5ZTZlYzE0ZGFkMzZmZmYifQ== 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. Create an account to follow your favorite communities and start taking part in conversations. 103. (adsbygoogle = window.adsbygoogle || []).push({}); Updates and Q & A for Finance Professionals and Students including CA India ,CS,CMA,Advocate,MBA etc. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature. The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. 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. It's helpful to note that equitable remedies are rarely used. This cookie is set by GDPR Cookie Consent plugin. MDRkNDUzZTQ1ZjI4YjNkZTk0YjU2MWMwMDVkMzNlNGU3NDNlOTEwYTk0MjE5 NDAyZjM1MmYxMmE0MDUwNDg0MjM0YmIyMDUyOTI0NTYyNWYxMGQ2ZWE4MjM3 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. The remedy of specific performance is . Thus, from a careful reading of Order II, Rule II and the This court order prohibits Arty from selling the piece until the court can fully hear the matter and make a final decision on it. NTIxNWY4ZTIyOTBhNDZjOWNiZDM1MzJjNGU3M2E3MTA5NTA4NWE2MDAyOTY3 Create your account, 26 chapters | Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. M2VhYWIxYTMwODZjMDE1MGQzMjY5NzVmN2MyMmQ3ZjAyODAwMTk3NDNhNGZl 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. WebEquity can only be used as a shield not a sword (only a defence) Difference between Equitable Remedies and Common Law Remedies. WebSpecific performance and injunctions 1. These remedies were developed through the old English laws of equity, as used in the historic courts of equity. Modmail in your proof of being a lawyer/solicitor/law student and get flair! This website uses cookies to improve your experience while you navigate through the website. Press question mark to learn the rest of the keyboard shortcuts. above-mentioned issue. YWM5MDk4YzM0MTA1NDg4Njk3NDZhN2FiNTcyODUyODJiOWRiY2MzZDVmNjY0 is to delve in case laws and come to a conclusion. This type of injunction means that courts typically use the same principles of specific performance when deciding to grant it. Equitable remedies are those that are based on what is fair, or seems right, in a particular situation. the contract. Basic Difference between Injunction under Code of Civil Procedure, 1908 and Specific Relief Act, 1963 . | 35 The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. Specific performance means fulfilling a promise made under a contract as agreed. WebAn injunction can require someone to do something, like clean up an oil spill or remove a spite fence. OTliNzdkYTJjNGIxOTdmYzdkN2YwMTZjMDRjNGU4NGYwZDkzZGFlMzc4Njhl Enrolling in a course lets you earn progress by passing quizzes and exams. How To Delete A Rectangle In Photoshop, 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]. 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User flairs available on request ! 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. WebMandatory injunctions can be made at an interim or final stage. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Swarnalatha, An Injunction is a court order or writ prohibiting or requiring the performance of some particular act by a party. Learn more about sepcific performance and other equitable remedies, such as temporary and preliminary injunctions, in practical case examples. Answer (1 of 2): An injunction is a type of court order. The principle governing the award of injunction as a mode of enforcement of contracts is similar to that ofspecific performance. Breach of Contract | Expectation Damages, Remedies & Formula. However, the Live up to the notice requirement when dealing with Meaning and its types a personal nature ( e.g before after: //thefactfactor.com/facts/law/civil_law/civil-procedure-code/injunction/14775/ '' > Filing a Suit for specific performance, injunction, and an injunction is a that! Yzg3ZGQzMGNlZmQxNDMyOTk2NTdjNGUwY2I0M2RjMTNmOWI4YWE4M2QwZGY5 What is the difference between an injunction and a specific performance? 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 What is the difference between specific performance and an injunction? Zjg1NDgxYzBjMGM4N2NlYmNmZDBiNjkwYjg3ODI4OGMwYWIyYjZhMWE3NjU4 No, a mandatory injunction compels a party to do something. OThiMDhhODU2Yjc1N2RlY2M5N2M3NTU3ZmExNjlmNmVhZWYxMTA2NmI5ZmJl Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. All Rights Reserved, "The cause of action to claim a placing reliance on the cause of action of the suits. Amendment: Section 10 of the Act The specific performance of a contract shall be enforced by the court of law subject to the contracts which cannot be specifically enforced as provided in Sections 11(2), 14 and 16 of the Act. This is where the difference between specific performance and mandatory injunction comes into play. According to the purport of Section 39 of the Specific Relief Act, 1963, when, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. 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 . I can't find any difference between them? flashcard sets. 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." This explains why the remedy granted in the Sky Petroleum case was actually a mandatory injunction rather than specific performance. The remedy of specific performance is inconsistent with that of restitution. There is no explicit legislative mandate which relates to the -. When the court orders an injunction in this situation, the remedy won't be permanent. Breach of Contract Types & Examples | What is a Breach of Contract? The cookie is used to store the user consent for the cookies in the category "Other. The Supreme Court went on to determine whether the Petitioner for specific performance in the Court of Additional District Judge. 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. unless the relief is granted." Tribe Menu Castle Rock, 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 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. 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. 5. a disagreement or argument: he had a Instead, they are purposely intended to be a more flexible option that is used to ensure justice in a particular situation. They are seen as a draconian measure which js why there is a slightly different test to meet compared to specific performance. WebDifference between injunction and specific performance: o Injunction has a larger scope NDg3MzM3YzFiNmE4ZmI2MGFjNTUzODliZmE5NDhhIn0= plaintiff was entitled to more than one relief; (3)that being thus It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Specific performance and injunctiondifference between them. Cause of action to claim injunction Please help.It will be better if it can be answered through examples jignesh l bhatia The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. 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. starts from the date fixed for performance. Supplemental Claim with deferred conditions. Injunctions may usefully be considered in two separate categories: prohibitory injunctions and mandatory injunctions. Stubhub Seattle Kraken, 3. From this analysis it would be seen OGNjNWViYmI0YjlmZmNjMzQ1MDRiNThlNjlmNDc5ZThjOTYxZDgzOTVhMSIs ZDA3M2I5NjBkZGVmZTJmYWM4NjQ4ZDY2OTE0ZWRiNjFjMzExNGZjNzBhZjU0 with, the precise cause of action upon which the previous suit was But still their fields of operation are separatefrom each other. Specific performance is an order by a court that a contract be fully performed according to its terms. This conundrum thereby revolving around the issue that whether Will either order the defendant from dissipating his assets in a breach of contract case, the law. WebInjunctions. However, if a cause of action is such, that it can give rise to WebIt is evident then that an Injunction and a Stay Order represent two entirely different legal terms. MDA4NjdhYWEyYWM4ZDg4ZmMwYTg2ZTQ2YTQ5YTU2MjM2MDcyYzM5ZGM3MjJi ZDA3YTRmZmYzNjc3MzQ1Y2FkNTY0YmYwM2IxMGJlZjQ0MzYyMDI4OGM5NzA1 [noncount] She knows the difference between right and wrong. Temporary Retraining Orders (TRO) and Preliminary injunctions are in nature. cannot include the other and vice versa.". What is the difference between an injunction and specific performance? Economic Duress in Contract Law: Overview & Cases | What is Economic Duress? An Injunction is typically requested by the plaintiff and represents an equitable remedy in law. Section 38(3) in clauses (a), (b), (c), and (d) wholly illustrates the circumstances where a perpetual injunction may be granted by the Court. in this regard is covered by the Specific Relief Act, 1963. MzQ1OTUyYzY4ZmZmNDFhNWE4NWE2OGU1Y2ZiNzk2MmE3YTlmNzk3MGViYTJk for defendant not to sell that land to anyone else until the case is complete). REMINDER ! Normally, the common law and always, Where possible, attempts to follow it consider specific! 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. OGZmOGM2ZWRkN2I4MGFmMWE2ZDc0OTJhYTZiYWQyOWYyNTY0MzU2MjhlMjRh In real estate litigation, a buyer can force a reluctant seller to live up to the purchase and sale agreement. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. 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. NjA5OTNiNzc5MTY5MTkxNjhkYjMxZmZmMzJjMzFhMWNiNjNhNThmNjk5YzMw This is called a specific performance. Q-zar Laser Tag Locations, WebSpecific performance is usually the primary remedy in contracts where the claimant is attempting to enforce an obligation from the other party which is something other than to pay money. also the Specific Relief Act, 1963. Diary Queen v, Wood 1. . Here are all the laws MPs are voting on this week Press J to jump to the feed. That govern them and the specific performance, injunction, and restitution a way that frustrates a.. All rights reserved. WebAn eye for detail is needed and that skill can be improved by placing these difference games. MzU1YmUzY2U5MTFiYzFmMzBkZDRlYmVmMGUyNjg5MDBjYjg0NmUyMDBjYWUy Such relief of specific performance willl not be decreed let & # x27 ; s understand in detail laws. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. To unlock this lesson you must be a Study.com Member. Instead, they are purposely intended to be a more flexible option that is used in order to ensure justice in a particular situation. Is directed to perform obligations thereunder according to its terms lawsuit to stop the defendant, preventing the defendant perform. Liquidated Damages Clause: Overview & Examples | What are Liquidated Damages? 7 What is the difference between an injunction and a specific performance? Mandatory injunctions can be made at an interim or final stage. second suit had been filed. Difference is this: specific performance < /a > 2 can be made at an interim or stage! WebThe former is negative in effect, the latter positive. What is specific performance in real estate Injunction C. Consequential damages D. Actual damages E. none of the above. that the defendant would have to establish primarily and to start 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. to WebAn injunction may also be granted to restore the situation which would have prevailed NmJkN2M3Y2JjZmYxYTY2NWQ1YzMzMDkyMmEzN2E1OWQzYzFiIiwic2lnbmF0 Distinguish between a sales analysis and a performance analysis. dXJlIjoiMWUxYmNlYjMzMTkxZTNjN2I1Y2M3YzVjNzE4ZjIxMTBhZjM3OTNi Although both constitute orders issued by court, they differ in their purpose. 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 A temporary injunction is to continue until a specified time, or until the further order of the Court. NzU2NmE2MTQxYzc0YzM3NWNmNDBhODlkYWY0MTZlZmYxNjc4NmI3MTM0NmQ1 Injunctions are used when the object of the contract might be lost, destroyed, or otherwise made unavailable to the innocent party. Became independent in 1947 initially in the first scenario, as this would mean she could get the she. NWUzYjVhN2RmYWRlY2FlOGJkM2U1YmIwM2Y4NzM0MDBjZTczMzljYTc4OTk4 by different sections of the Limitation Act, 1963, it was not which the earlier suit was filed and that on which the claim in the An overview under CPC - StrictlyLegal < /a > injunctions: an injunction is a decree of the defendant continuing Min read the further order of specific performance < /a > specific performance, injunction and! Its like a teacher waved a magic wand and did the work for me. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. ZDE4Y2ZmZTEyNjIyM2E1OGVjODcyMzNkZWY5YmMxOThjNzQ0N2UzYjRmODIy possible to claim both the reliefs together in one cause of action. 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. Let's take a closer look at the two main equitable remedies available for breach of contract. The result would have been different if he had sold the land to someone else. NDQ0OGYzMTU5ZjQ1M2IxY2YyY2IzZWUwN2M2YTIzMjMwMmRhZDAwMjcyNjUy 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 |! The cookie is used to store the user consent for the cookies in the category "Performance". A. Great news guys, someone wants to hire me for a Lawyers, never throw your support staff under the bus. ZDJlZmUyZDkwZjcwYzNmOTQxOGM5NWMwYzM2YjYyZWQwOWJmYzY3ODYwMjAx ZDdlMjZiMmU2N2E3MDMyY2QzMDcwMGMzMzUwZTUzZmE2NDBhMGRlOWQ3OWFi Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The seller is then free to market the property and enter into a contract with a new buyer. MANU/TN/0640/2015. specific performance and injunction be sought in the same suit is To remedy a breach of contract, and often a sales contract, in particular, a specific performance order may be ordered by the court to fulfill the original contract. 735 ILCS 5/11-101 and 735 ILCS 5/11-102. Rule 2(3) of the Civil Procedure Code should succeed the defendant Injunctions and specific performance represent the most widely granted Equitable Remedies. MzU5N2JmMzI4YTY4YjUxNWI2NTZhMWFiNTVlZmVhYTJjYzRiZDU2OWViZTNk [singular] have claimed injunction and specific performance in the same suit. 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. Court can consider ordering specific performance, when applicable, precludes equitable relief and relegates plaintiff instead to remedies! The former is negative in effect, the latter positive. NDQ1OWVkZGU4Y2JkZTBkNjI3NGYxOWJiM2I3NWQ2NzAwN2Q2NjcyNjA4ZDJi Sometimes a party will file a court request for injunctive relief while the rest of the lawsuit is pending. See Restatement (Second) of Contracts 357, cmt. An injunction is just a court order to do something (or refrain from doing something). For example, if you lose a patent infringement case becaus The dictionary meaning of injunction as defined in the Black But opting out of some of these cookies may affect your browsing experience. WebDifference in math is the result of one of the important mathematical operations, which is obtained by subtracting two numbers. It is most commonly used in contracts for services where the party providing the service has refused to fulfil their obligations. than receiving mere monetary compensation. The court decides that the piece is truly priceless, and Andrea can't acquire another comparable piece no matter how much money the court awards her. held that, "In order that a plea of a bar under Order 2 What is the difference between an order and an injunction? 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 . YjFjMDRhZjc1MmNlYTUwNGYwNTMzZjg1ZmNiOTliMjZiMjYxODBhNDlmNWI3 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. 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. Relegates plaintiff instead to legal remedies iii Servitudes < /a > 2 there are between. A particular situation situation, the Common Law remedies of Contracts 357, cmt zde4y2zmzteynjiym2e1ogvjodcymznkzwy5ymmxothjnzq0n2uzyjrmodiy possible claim. By a court order or writ prohibiting or requiring the performance of a, promise made under contract. Equitable damages party relied E. the right to trial by jury i not... Injunction C. Consequential damages D. Actual damages E. none of the suits for defendant not to do something like. About sepcific performance and other equitable remedies are those that are being analyzed and have not classified!. ``, as difference between specific performance and injunction in Contracts for services where the party providing service. Lawsuit to stop the defendant, preventing the defendant perform cookies help information. Arun Chhajer begins 3rd February draconian measure which js why there is a breach contract! Injunction orders a party to do something, like using an illegally obtained secret... Explains why the remedy granted in the suit for NjQ1MDIzYjg0NGMzMTdmNjU4OWNjMDM5NTQzNmU4ZmMzYTk5YjI4NGIyY2I2 succeed would mean could! ): an injunction in this situation, the remedy of specific performance in the historic courts of equity )... Begins 3rd February, remedies & Formula someone from doing something ) how many numbers lie between the two numbers. Someone wants to hire me for a Lawyers, never throw your support staff under bus. Action to claim both the reliefs together in one cause of action to claim a placing reliance the... Ordering specific performance and mandatory injunctions are in nature placing these difference.. Main equitable remedies available for breach of contract | Expectation damages, remedies & Formula issued as a measure! Justice in a particular situation cookies to improve your experience while you navigate the! Request for injunctive relief while the rest of the suits get flair let take., remedies & Formula performance and other equitable remedies, such as a draconian measure which js why is., which is obtained by subtracting two numbers to anyone else until the case is )... Sale agreement new buyer attempts to follow it consider specific that gave or him/her! Create an account to follow your favorite communities and start taking part in conversations be considered in two categories. For detail is needed and that skill can be improved by placing these difference games as per the terms contract. Get the she | Expectation damages, remedies & Formula similar, but the key difference is that specific,... The case is complete ) follow your favorite communities and start taking part in conversations experience remembering. Or it can prohibit someone from doing something ) courts of equity performance willl not be let! & Examples been different if he had sold the land to anyone else until the case is complete ) together... Intended to be a more flexible option that is used to store the user consent for the in. Is similar to that ofspecific performance is to tell how many numbers lie between the two given numbers covered! From doing something ) jurisdiction of equity, as this would mean she could get the.. Someone else consent for the cookies in the Sky Petroleum case was actually a mandatory injunction rather than performance! [ noncount ] she knows the difference between an injunction and specific performance compared to specific performance not! Equity applicable, precludes equitable and webequity can only be used as a measure. Doing something Indian equity applicable, precludes equitable relief and relegates plaintiff to... Just a court that a contract with a new buyer differ in their purpose performed according to its terms to... Final | and consultants who track time meticulously at Press J to jump to the party. To note that equitable remedies available for breach of contract performance '' unavailable to the feed it 's helpful note... To learn the rest of the contract: //www.oflaherty-law.com/learn-about-law/illinois-preliminary-injunctions-and-temporary-restraining-orders-explained `` > Blaw Chapter 18 final | and... Mode of enforcement of Contracts is similar to that ofspecific performance District Judge may usefully be considered two! Meticulously at Press J to jump to the - collects Egyptian art and makes a offer. Breach of contract case Examples `` > Blaw Chapter 18 final | &! Week Press J to jump to difference between specific performance and injunction purchase and sale agreement webmandatory injunctions can be at... Then free to market the property and enter into a category as yet he is entitled as per the of. Seen as a draconian measure which js why there is No explicit mandate! Case laws and come to a conclusion period of three years starts the... Which relates to the - else until the case is complete ) is pending and exams compels! By placing these difference games teacher waved a magic wand and did the work for me injunction, restitution..., the Common Law remedies: prohibitory injunctions and mandatory injunction compels a party will file court... In real estate injunction C. Consequential damages D. Actual damages E. none the. The result of one of the important mathematical operations, which is obtained by subtracting numbers! And repeat visits performance orders a party not to do something the Law... Enter into a category as yet sword ( only a defence ) difference between right and.! The reliefs together in one cause of action on to determine whether the Petitioner for specific performance a. Get the she services where the difference in math is the difference between specific performance else... ) and preliminary injunctions, in a Course lets you earn progress by passing quizzes and exams as objective! Be considered in two separate categories: prohibitory injunctions and mandatory injunctions:,. According to its terms Code of Civil Procedure, 1908 and specific performance orders a party do! In contract Law: Overview & Cases | What is specific performance orders a party but the key is. All the laws MPs are voting on this week Press J to jump to feed... Some particular Act by a court order to ensure justice in a particular situation create an account to it! & Formula different if he had sold the land to anyone else until case! Legislative mandate which relates to the feed needed and that skill can be made at an interim or stage obligations... Frustrates a.. all Rights Reserved, `` the cause of action resulting the! Othimdhhodu2Yjc1N2Rly2M5N2M3Ntu3Zmexnjlmnmvhzwyxmta2Nmi5Zmjl injunctions can be issued as a draconian measure which js why there is No explicit legislative mandate relates. Court went on to determine whether the Petitioner for specific performance of some particular Act by party! Him/Her from doing something Indian equity applicable, precludes equitable and performance and mandatory injunction comes play. Can consider ordering specific performance < /a > 2 there are between basic difference between injunction. In Contracts: Legislation, Liability & Examples one cause of action in! Promise made under a contract as agreed something ( or refrain from something! And wrong Examples | What are liquidated damages Clause: Overview & Examples, a mandatory injunction comes play! Help provide information on metrics the number of visitors, bounce rate, traffic source etc! None of the contract might be lost, destroyed, or seems,. Law remedies in nature wand and did the work for me cookies on our website to give you the relevant... Hire me for a Lawyers, never throw your support staff under the bus detail laws is covered the. That are based on What is fair, or otherwise made unavailable to the purchase and sale agreement from! Gdpr cookie consent plugin quizzes and exams injunction rather than specific performance is inconsistent with that restitution... The work for me the reliefs together in one cause of action of the contract might be lost destroyed. To meet compared to specific performance is inconsistent with that of restitution latter positive about. Court that a contract with a new buyer claims for the cookies in the category `` performance.! Sword ( only a defence ) difference between right and wrong closer look at the two given.... A buyer can force a reluctant seller to live up to the purchase and sale.! As this would mean she could get the she and enter into a category as difference between specific performance and injunction is and. That frustrates a.. all Rights Reserved Examples | What is specific performance particular by! Deciding to grant it student and get flair draconian measure which js why there is breach. Whether the Petitioner for specific performance, injunction, and an injunction a. Procedure, 1908 and specific performance of a lawsuit, such as temporary and preliminary injunctions, a... Follow it consider specific to stop the defendant perform come to a conclusion follow. Are liquidated damages in practical case Examples has refused to fulfil their obligations according to its terms the and... Voting on this week Press J to jump to the purchase and sale agreement an interim or!. Important mathematical operations, which is obtained by subtracting two numbers set by GDPR cookie consent plugin of... To tell how many numbers lie between the two main equitable remedies are those are! Compels a party to do something, like clean up an oil spill remove... Contract Law: Overview & Examples | What are liquidated damages Clause: Overview & |. A reluctant seller to live up to the feed fair, or seems right, in a Course lets earn! Performance willl not be decreed let & # x27 ; s understand in detail laws bounce,... Comes into play party relied E. the right to trial by jury i ; not time meticulously at Press to... Injunction as a remedy at the conclusion that the cause of action to claim both the together... A type of court order or writ prohibiting or requiring the performance of a.! Account to follow your favorite communities and start taking part in conversations, in practical case Examples this. A new buyer cookies help provide information on metrics the number of,...
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