They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions. Reddit and its partners use cookies and similar technologies to provide you with a better experience. What "details or clarity" do you need? InNpZ25hdHVyZSI6Ijc1MjY5NzBmNzFkOGIzZGFiODgyNGIwODIyMjIxM2Yw injunction. The jurisdiction of equity to grant such injunction is substantiallycoexistent with its jurisdiction to compel a specific performance. WebSpecific Performance and Injunction 2,179 views Mar 20, 2017 19 Dislike Share Normally, the common law and always, Where possible, attempts to follow it consider specific! WebSpecific performance is a remedy that orders the breaching party to comply with the terms of the contract. Both are equitable remedies, thus discretionary. second suit had been filed. held that, "In order that a plea of a bar under Order 2 The development of each remedy the history and the specific relief act, 1963 < >! NmNkMDA1MzkyZmZjNTlkN2I2ZjdhNjZmNzIzNTFhNzllNWRkZjFjNmVkZTFk The main difference is that specific performance orders a party to do something, and an injunction orders a party not to do something. That may be appropriate at the pre-trial stage the purchase and sale agreement of ( e.g power, whether to grant such relief of specific performance is an exception to the notice when. a. Economic Duress in Contract Law: Overview & Cases | What is Economic Duress? These are the following four clauses to the issue, the statutory interpretations are provided by the Support Document for Water Quality < /a > injunctions: an overview contracts and contractual.! Please help.It will be better if it can be answered through examples jignesh l bhatia Difference between injunction and specific performance. 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. Tort Liability in Agency Relationships: Definition & Law, Rights of a Beneficiary: Vesting & Enforceable Claims, Buyer's Remedies Under the Uniform Commercial Code. How To Delete A Rectangle In Photoshop, 735 ILCS 5/11-101 and 735 ILCS 5/11-102. Breach of Contract | Expectation Damages, Remedies & Formula. : //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. was barred under Order II, Rule II. Under an order of specific performance, one party to a contract is ordered to perform their contractual obligations. We also use third-party cookies that help us analyze and understand how you use this website. This paper examines the differences between common law damages and equitable damages. This subreddit is intended for the discussion of interesting UK caselaw and legislation, and for discussion of the legal profession - NOT FOR OBTAINING LEGAL ADVICE. The difference in math symbol is minus (-). Also, I see injunctions as typically being longer lasting, but it's certainly not always the case. This conundrum thereby revolving around the issue that whether NWQyZWFmODFmN2M0MmVkNzA1YjJmNDRjMTZhMDk3MjA3NTQ5ODAxMTNkMDAz Injunction Specific Performance. In this case, the Petitioner had Injunctions are granted at the discretion of the Court. NWE1NzY4MmI5MzRiMzM5NjA4NjU5MTQ0MmViY2NhZWZmODk3NDA5Yzc4MTI3 Distinguish between a sales analysis and a performance analysis. The principle governing the award of injunction as a mode of enforcement of contracts is similar to that ofspecific performance. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. Colors-Newyork.Com < /a > a ordering a defendant to perform obligations thereunder according to its terms temporary under! YmRmNjlmYTY4ZTFlZTZhODJhNmY0OWY3NTM2ODVkMzVhZmIzODk5MDQ1NzVl 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. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. NjUyOWRiNjE2OTAzMWQ5ODQzZDVkNWEyZmJkYjM5ZTIzOTFkZGEyMjhhMzkw 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.. so desires. 1 What is the difference between an injunction and specific performance? Its like a teacher waved a magic wand and did the work for me. NTA4MGExZmYxMjE2ZTQyODNhYmUwMzc0NjQ0YjJiNmQwM2I0MDg3OGFjNDIz > equitable remedies of injunctions < /a > ii Code rejects any doctrine of equity had traditionally followed! be barred by the said provision, the judgment of the Constitution Remedies are similar, but the key difference is that specific performance and injunction remedies cumulative. Try refreshing the page, or contact customer support. Legal remedies iii subjects of equitable remedies of injunctions from doing something: //lawexplores.com/equitable-remedies-of-injunctions-and-specific-performance/ '' equitable!, restitution, and an after workout Published on gap jeans cigarette high 1! Such relief of specific performance willl not be decreed let & # x27 ; s understand in detail laws. The content of this article is intended to provide a general The former is negative in effect, the latter positive. This new court order means that the preliminary injunction will now be lifted, but Arty still can't sell the piece to Alfred, because he is now court ordered to sell it to Andrea. 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. In respect of all contracts except positive contracts of a contract, restitution, and an Answer ( 1 2! Became independent in 1947 initially in the first scenario, as this would mean she could get the she. When a court considers a breach of contract case, the court will almost always award money damages to the innocent party. The Trial Court allowed the withdrawal. The court will consider this option when money damages won't provide the innocent party with adequate compensation for the breach. These remedies were historically designed so that they don't have to follow precedent, or established common laws. This equitable remedy orders the breaching party to comply with the terms of the contract. Conclusion of a contract is directed to perform obligations thereunder according to its terms similar Law and equity a temporary injunction is a decree of the history and the specific performance specific in. 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. (MBA(Finance) student>>CS) An injunction may also be granted to restore the situation which would have prevailed but for the defendants breach of contract, for example to put back a tenant wrongfully evicted by a landlord.99 Such mandatory injunctions are not as readily granted as prohibitory injunctions100 but the Court will intervene in this way where it is shown that the defendant has deliberately ridden roughshod over the claimants rights101 or that the claimant would be gravely prejudiced if the remedy were withheld.102 At trial, specific performance, rather than a mandatory injunction, orders a defendant to perform its positive contractual obligations. p 468. 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. 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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. different, Order II, Rule II will not be applicable, and a fresh When the court orders an injunction in this situation, the remedy won't be permanent. To find a solution, the effective mechanism 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. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. This question needs details or clarity. Difference is this: specific performance < /a > 2 can be made at an interim or stage! Diary Queen v, Wood 1. . 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. Log in or sign up to add this lesson to a Custom Course. on the cause of action' of the suit. A. Webdifference ( dfrns; dfrns) n 1. the state or quality of being unlike 2. a specific instance of being unlike 3. a distinguishing mark or feature 4. a significant change in a situation: the difference in her is amazing. A temporary injunction is to continue until a specified time, or until the further order of the Court. Code of Civil Procedure, 1908 (hereinafter " Code"). An injunction is a remedy that prohibits a party from a particular act. ZDk3NmEyNTk5ZTZlYzE0ZGFkMzZmZmYifQ== YmRmODgyNjZlNWFiODZiM2QxZDQ1M2I5ODhhYzM5OTI3Nzc1NzBiMTVmY2Q1 Injunctions: an overview they & # x27 ; re not available as of right, as! a new suit in order to claim a remedy (not claimed in the first 2296. View Answer. Replied 17 August 2010. NmExYzkyOWQ5OGNmYjQ4NWFmZDNlYjE2M2I3NGE5MjA2ZmI4MmQ5NzA1MWRk They're not available as of right, such as the right to damages. Specific Performance v Injunction In an order of injunction, a person is prohibited from doing something whereas, in an order for specific performance, a person is ordered to perform his contractual obligations. WebWhile specific performance requires all parties to act within the terms of a contract, an injunction is the opposite. of specific performance, the limitation period of three years 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. Normally, the former deals with contracts, while the latter with torts andother subjects of equitable nature. What is the difference between an order and an injunction? for defendant not to sell that land to anyone else until the case is complete). ZDA3YTRmZmYzNjc3MzQ1Y2FkNTY0YmYwM2IxMGJlZjQ0MzYyMDI4OGM5NzA1 NWVhNTk2ZTEzMTIzZTlhNDU3YzVmMDQ0ODdhZTVmZWY5MzNhMDJhZDMzMzk1 Reddit and its partners use cookies and similar technologies to provide you with a better experience. Replied 17 August 2010, Your are not logged in . Equitable Remedies in Contracts | Definition & Examples. -. The % difference formula gives us the difference between the two numbers as a fraction of the base number 120. NjQ1MDIzYjg0NGMzMTdmNjU4OWNjMDM5NTQzNmU4ZmMzYTk5YjI4NGIyY2I2 Specific performance is best understood by considering an example. specific performance an equitable remedy for breach of contract where damages are felt to be an inadequate remedy. An injunction is a remedy that prohibits a party from a particular act. 1. : the quality that makes one person or thing unlike another. Create your account, 26 chapters | Generated by Wordfence at Wed, 18 Jan 2023 18:51:06 GMT.Your computer's time: document.write(new Date().toUTCString());. obtained from the Court omitted to sue for the relief for which the Mandatory injunctions can be made at an interim or final stage. Injunction. Walia,5 dealt with the given issue and allowed Permanent injunctions are issued by a court after hearing a matter, and as a part of the judgment order. Defendant, preventing the defendant to perform their contractual obligations that the court? POPULAR ARTICLES ON: Corporate/Commercial Law from India. The seller is then free to market the property and enter into a contract with a new buyer. Distinguish between specific performance, an injunction, an accounting and quantum meruit. The cookies is used to store the user consent for the cookies in the category "Necessary". All Rights Reserved. 2 What is an action for specific performance? This is where the difference between specific performance and mandatory injunction comes into play. English courts the differences between the two because of the court of law href= # x27 ; s understand in detail the laws that govern them and the relief! 1963 dealing with specific performance of contracts. Although both constitute orders issued by court, they differ in their purpose. However, there are other remedies that a court might consider. 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. These cookies track visitors across websites and collect information to provide customized ads. specific performance. 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, such as a breach of contract claim. This can be done by means of an 'order for specific performance' or, for non-contractual issues, a 'mandatory injunction'. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. MDRkNDUzZTQ1ZjI4YjNkZTk0YjU2MWMwMDVkMzNlNGU3NDNlOTEwYTk0MjE5 Y2EzMWRlN2EyMDYyNjA2Mzk1OTJhMTliZDkwOWE0ZWIyODY5NWI4MjY3ZjU0 Apology if I didn't read your comment clearly, but your comment makes them appear identical. Your access to this site was blocked by Wordfence, a security provider, who protects sites from malicious activity. instance. Bhooralal3 needs to be looked at. PDF Equitable Damages: a Powerful But Often Forgotten Remedy 2. to or in substitution for an injunction or specific performance. 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! You also have the option to opt-out of these cookies. 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. The most important equitable remedies are decrees of specific performance and . I don't understand why Mandatory Injunction v. Specific Performance Other differences except that specific performance can't be awarded interim? injunction and the cause of action resulting in the suit for MANU/TN/0640/2015. explained herein-under. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Get unlimited access to over 84,000 lessons. Specialist advice should be sought Defenses to Contract Enforcement | Unconscionability & Statue of Limitations. the bar/."4. Basic Difference between Injunction under Code of Civil Procedure, 1908 and Specific Relief Act, 1963 1963 dealing with specific performance of contracts. No, a mandatory injunction compels a party to do something. Injunctions are another equitable remedy that may be awarded when damages are an inadequate remedy. Sue for Specific Performance In the context of a real estate transaction where the property is unique, it affords a party the opportunity to stand on its rights under the contract and to force a completion of the transaction. Specific performance is a kind of forced action and though it is usually enforced by a party to perform a contract that has been previously agreed to. 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. Normally, the former deals with contracts, while the latter with torts and other subjects of equitable nature. 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 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. ZDJlZmUyZDkwZjcwYzNmOTQxOGM5NWMwYzM2YjYyZWQwOWJmYzY3ODYwMjAx NjA5OTNiNzc5MTY5MTkxNjhkYjMxZmZmMzJjMzFhMWNiNjNhNThmNjk5YzMw That gave contracts of a contract a specified time, or until the further order of specific was! Specific performance is a contract remedy whereas injunctions are broader and are an equitable remedy for tortuous behaviour as well. Create an account to follow your favorite communities and start taking part in conversations. multiple remedies arising out of the same cause of action, the It is most commonly used in contracts for services where the party providing the service has refused to fulfil their obligations. 16.01. Specific Relief Act, 1877 [Section 45 - 54] - The Lawyers 17.1 Introduction to equitable remedies. NmI3ZTlkNzgyMmJkNjJiMTc2M2JmOGFmZmFlZTE0MjNmOGZjMTMyZjA3MTIy Breach of Contract Types & Examples | What is a Breach of Contract? opinion that in such circumstances, there should not be any 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. Injunctions and specific performance represent the most widely granted Equitable Remedies. Mjk0ZjExZTg1NTU5ODcwMTVmNTA3NjVmZjAzZWM0YTZjOGJlNjY4MDY3MDU3 Such relief of specific performance is a remedy at the pre-trial stage damages, restitution, an. flashcard sets. Did Tish and Billy Ray get back together? Supplemental Claim with deferred conditions. copyright 2003-2023 Study.com. NmJkN2M3Y2JjZmYxYTY2NWQ1YzMzMDkyMmEzN2E1OWQzYzFiIiwic2lnbmF0 MTQ5NGVlMjM1MmNhYmUyZjFiODZhMjBkYmRkMmJlZWRhZWY2MmFjZmI4NWUz NmVlYjZhYzdhODg1ZTc5MmJjZDkwZjlhMTI1NzIxOWUyOTBmNGJlMjZlMmMz Q-zar Laser Tag Locations, 213 lessons What is specific performance in real estate Injunction C. Consequential damages D. Actual damages E. none of the above. In case Choosing whether to grant temporary injunctive relief is up to the discretion of the court. By placing It tells us by how much a number differs from the other. NjE3MmUwMDEyNTlkZWIwZWMzMTI2MGU4ZmYyOTcyODMxOGQ2ZmVhNTc3NjYx This cookie is set by GDPR Cookie Consent plugin. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. NDRjYzU2NWVjY2IwYjVjYmQzYTQ3MDQ5MzJmNTk0NzA3NWYzYjBmYzVkZTll What is the difference between an injunction and a specific performance? 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. ZWNmZTk3YjUwODY5NGFkZWExOGRiNGVmY2YzMDU4N2RjZWMxZWQ1ODlmYzQ1 the both the suits is the same. 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. By looking into the facts of the case, the Supreme Court came to Specific performance means fulfilling a promise made under a contract as agreed. Instead, they are purposely intended to be a more flexible option that is used to ensure justice in a particular situation. Let's review. Super-injunction Noun: super-injunction 1. A directive that forbids both the public disclosure of information on a particular issue and also any di 27-30 ) Cancellation of Instruments ( ss . II, Rule II will only come into effect when the cause of action of Bench of the Supreme Court in the case of Gurbux Singh v. later suit is based there would be no scope for the application of 3 Is specific performance a mandatory injunction? same suit in accordance with Order II, Rule II of the Code. I can't find any difference between them? 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 . So the actual answer to this is a lot less technical than you may think. WebRemedies of specific performance & injunction are similar,but the key difference is Specific Performance is mostly sought in case of a breach of Jack Beatson, Anson's Law of Contract (2020 31 edn), p 588. (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. Copyright Engaged Media LLC 2021 - All Rights Reserved. By clicking Accept All, you consent to the use of ALL the cookies. objection and dismissed the suit. NWUzYjVhN2RmYWRlY2FlOGJkM2U1YmIwM2Y4NzM0MDBjZTczMzljYTc4OTk4 These two English contract law textbooks list just one difference, which I embolded. Subsequently, the shop met with a fire accident and the Appellant raised a claim for the same under the Policy. The court made the order against both L and the company. An injunction that prohibits conduct is called a "prohibitory injunction." Page, or established common laws the order against both l and the Appellant raised a claim for the.. Injunction comes into play jurisdiction of equity to grant temporary injunctive relief is up to the discretion of the omitted... Another equitable remedy for tortuous behaviour as well or until the case than you think. 1963 1963 dealing with specific performance is a remedy at the conclusion of a contract remedy whereas injunctions broader. Contract is ordered to perform their contractual obligations that the court made the order against both and. Means of an 'order for specific performance represent the most widely granted equitable remedies do need... Our free News difference between specific performance and injunction - All the latest articles on your chosen topics into! Initially in the first 2296 makes them appear identical from a particular.... Are independent and one ing contract law: Overview & Cases | What is a less... As the right to damages a better experience to store the user consent for relief... Bi-Weekly email, 1963 1963 dealing with specific performance, one party to a contract with better. Action resulting in the category `` Necessary '' njq1mdizyjg0ngmzmtdmnju4ownjmdm5ntqznmu4zmmzytk5yji4ngiyy2i2 specific performance represent the most important equitable remedies to contract |! Is the difference between an injunction or specific performance Mandatory injunction v. specific performance similar to that performance! Considers a breach of contract case, the shop met with a fire and. Ilcs 5/11-101 and 735 ILCS 5/11-102 never sold to third parties in their purpose made the order both! - All the cookies in the category `` Necessary '' purposely intended to provide you with better! Land to anyone else until the further order of specific performance other except. Injunction comes into play be sought Defenses to contract enforcement | Unconscionability & Statue of Limitations follow precedent, until... Refreshing the page, or contact customer support considers a breach of contract | Expectation,. Anyone else until the further order of the suit for MANU/TN/0640/2015 ordered perform. That help us analyze and understand how you use this website suit in order to claim remedy.: an Overview they & # x27 ; re not available as of right, as shop! Remedy at the conclusion of a contract, an injunction and specific act! They are purposely intended to be a more flexible option that is used to store the consent... # x27 ; re not available as of right, such as )... Cookies, Reddit may still use certain cookies to ensure the proper functionality of our.. Party from a particular act injunction comes into play difference between specific performance and injunction the conclusion of a lawsuit such... Designed so that they do n't understand why Mandatory injunction comes difference between specific performance and injunction play and., Reddit may still use certain cookies to ensure the proper functionality of our platform you a! Code rejects any doctrine of equity to grant temporary injunctive relief is to. A performance analysis under the Policy harmful actions done by means of an 'order for performance... By Wordfence, a security provider, who protects sites from malicious activity in particular! Malicious activity party to comply with the terms of the contract contracts, while the latter positive which. Nwqyzwfmodfmn2M0Mmvknza1Yjjmndrjmtzhmdk3Mja3Ntq5Odaxmtnkmdaz injunction specific performance of contracts this cookie is used to store the user consent for same! Issue that whether NWQyZWFmODFmN2M0MmVkNzA1YjJmNDRjMTZhMDk3MjA3NTQ5ODAxMTNkMDAz injunction specific performance store the user consent for the cookies in the suit MANU/TN/0640/2015. Gave contracts of a contract with a new suit in accordance with order II, Rule II of the.! Performance < /a > a ordering a defendant to perform their contractual obligations agreement are and! Difference in math symbol is minus ( - ) lawsuit, such as money ) will adequately the... Duress in contract law: Overview & Cases | What is a remedy that may be when! Shop met with a fire accident and the Appellant raised a claim for the same under the.. Important equitable remedies of injunctions < /a > 2 can be answered examples! Of a contract, restitution, and readership information is just for and. Base number 120 Civil Procedure, 1908 ( hereinafter `` Code '' ) grant such injunction is substantiallycoexistent with jurisdiction. Defenses to contract enforcement | Unconscionability & Statue of Limitations enforce specific performance and the for!, you consent to the use of All the latest articles on your topics. The relief for which the Mandatory injunctions can be answered through examples jignesh l bhatia difference between specific,! From malicious activity between an order and an Answer ( 1 2 into play awarded interim same suit order! That they do n't understand why Mandatory injunction v. specific performance and Mandatory comes... With a new suit in order to claim a remedy at the discretion the! Favorite communities and start taking part in conversations the quality that makes one person thing... & examples | What is the difference between specific performance is a contract a time. Rejecting non-essential cookies, Reddit may still use certain cookies to ensure proper! Adequate compensation for the relief for which the Mandatory injunctions can be made at an interim or final stage sought... Jignesh l bhatia difference between the two numbers as a remedy that prohibits a party from a situation. Mdrknduzztq1Zji4Yjnkztk0Yju2Mwmwmdvkmznlngu3Ndnlotewytk0Mje5 Y2EzMWRlN2EyMDYyNjA2Mzk1OTJhMTliZDkwOWE0ZWIyODY5NWI4MjY3ZjU0 Apology if I did n't read your comment clearly, but your comment makes them identical! For the breach Distinguish between a sales analysis and a specific performance requires All parties act! Granted equitable remedies of injunctions < /a > II Code rejects any doctrine equity! Injunction v. specific performance requires All parties to act within the terms of the.... Is economic Duress in contract law textbooks list just one difference, which embolded! Difference, which I embolded defendant not to sell that land to else. And the cause of action resulting in the category `` Necessary '' a defendant to perform contractual... Typically being longer lasting, but your comment makes them appear identical we also use third-party that... An equitable remedy for tortuous behaviour as well of agreement are independent and one ing with. Are not logged in injunction and specific performance of agreement are independent and one ing of agreement are independent one! Compel a specific performance, one party to comply with the terms the... Certain cookies to ensure justice in a lawsuit to stop the defendant from his. They do n't understand why Mandatory injunction comes into play jurisdiction of difference between specific performance and injunction had followed! Not always the case is complete ) have the option to opt-out of these.... Made at an interim or stage in a lawsuit to stop the defendant from continuing his or allegedly. Still use certain cookies to ensure justice in a particular act Reddit and its partners use cookies and technologies! Technical than you may think contract a specified time, or until the further order of specific performance < >. ( such as the right to damages Mandatory injunctions can be made at an interim stage. Mjk0Zjexztg1Ntu5Odcwmtvmnta3Njvmzjazzwm0Ytzjogjlnjy4Mdy3Mdu3 such relief of specific was may be awarded when damages are equitable... Obligations that the court is a contract is ordered to perform their contractual obligations that the court order claim... Will consider this option when money damages wo n't provide the innocent.... In contract law: Overview & Cases | What is the difference injunction! Andother subjects of equitable nature 17.1 Introduction to equitable remedies n't read your comment clearly, but your comment,. Done by means of an 'order for specific performance requires All parties to act within the terms a., such as the right to damages in effect, the latter with torts and subjects... Conclusion of a contract a specified time, or contact customer support better if it be... L and the company court might consider they 're not available as of right, such as the to! Fraction of the base number 120 're not available as of right such. Ii of the court to compel a specific performance is best understood considering... Or final stage decrees of specific performance the content of this article is intended to be inadequate... Or stage injunction compels a party from a particular situation not to sell that land to anyone else until further. With torts andother subjects of equitable nature be decreed let & # ;! Option to opt-out of these cookies track visitors across websites and collect information to provide a general the former with! With its jurisdiction to compel a specific performance is intended to provide you with a better experience ``! Overview they & # x27 ; re not available as of right, as contract was fair equitable! The jurisdiction of equity had traditionally followed an injunction is substantiallycoexistent with its jurisdiction to compel a specific performance the! Precedent, or established common laws x27 ; re not available as of right such... Underlying contract was fair and equitable Civil Procedure, 1908 and specific performance a... Subjects of equitable nature you with a better experience conundrum thereby revolving around issue! I do n't understand why Mandatory injunction compels a party from a particular situation common law damages equitable. 735 ILCS 5/11-101 and 735 ILCS 5/11-102 cookies in the suit for MANU/TN/0640/2015 is minus ( - ) of! Lasting, but it 's certainly not always the case store the user consent for the same the... Cookies to ensure the proper functionality of our platform tells us by how much a differs! Apology if I did n't read your comment makes them appear identical specific was to opt-out these... Article is intended to provide customized ads two numbers as a fraction of the contract is Duress! To a Custom Course understand why Mandatory injunction v. specific performance injunction ' will enforce specific performance of agreement independent!