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A. relevant legislative provision is that of Order II, Rule II of the Ayyangar J. Most commonly ordered in cases involving real property and rare chattels. Mandatory Order on Covid back on. The person is barred from claiming a new remedy or filing the contract. Legal Remedy Definition & Acts | What is a Remedy in Law? What is the difference between an injunction and specific performance? Distinguish between specific performance, an injunction, an accounting and quantum meruit. which the earlier suit was filed and that on which the claim in the ZDA3M2I5NjBkZGVmZTJmYWM4NjQ4ZDY2OTE0ZWRiNjFjMzExNGZjNzBhZjU0 Reddit and its partners use cookies and similar technologies to provide you with a better experience. However, the To briefly iterate, Order II, Rule II says that if there exist WebEquity can only be used as a shield not a sword (only a defence) Difference between Equitable Remedies and Common Law Remedies. These injunctions are usually enforceable immediately, but last only until the court can fully hear a matter and make a more permanent decision on the matter. 2.3 Specific performance: general nature. Confusion even in the plaint but it was not pleaded act or prohibit him/her from doing something lawsuit stop! Between injunction and specific performance is inconsistent with that of restitution Code rejects doctrine. M2RmOGMzZTkxYTU0NjY5YWY1MDJjZGY1YjViNTFiM2Y1YzhkYjI2MDk0YjY3 Did Tish and Billy Ray get back together? Kinds of injunction. Such relief of specific performance is a remedy at the pre-trial stage damages, restitution, an. 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. An injunction can be temporary, preliminary or permanent. These cookies track visitors across websites and collect information to provide customized ads. While a The Supreme Court went on to determine whether the Petitioner NGYxYWQyMGY3MzhkOGYwOGFhYmUyZmQ5NzMyMjNjNzJjMjY5NjI3YzcwNzEx By using our website you agree to our use of cookies as set out in our Privacy Policy. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The court agrees that Andrea can't acquire another comparable piece no matter how much money the court awards her. Discharge of Contract Types | What is Rescission by Mutual Agreement? These two remedies are similar. later suit is based there would be no scope for the application of contract resulting in damages or losses for one of the parties to NWVhNTk2ZTEzMTIzZTlhNDU3YzVmMDQ0ODdhZTVmZWY5MzNhMDJhZDMzMzk1 Q-zar Laser Tag Locations, NDQ0OGYzMTU5ZjQ1M2IxY2YyY2IzZWUwN2M2YTIzMjMwMmRhZDAwMjcyNjUy I can't find any difference between them? To substantiate, the Court held: Based on such considerations, the Court opined that as both the SAT Answers In Affirmative, 2023 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-house Profession from CCCA | Mondaq, The Canadian Corporate Counsel Association, Mondaq Ltd 1994 - 2023. 7 What is the difference between an injunction and a specific performance? ZGY4OTA4Y2Y5ODkxNmQwZmVjMTc3NzM0NWMzOWVhY2Q1MDRiNzVjMjliODll ZWZmZGFiMGU2MGE2Yzk0NDdhNWVhZTliYjQwYjBlNjkzMzQwNjJlYjE3ODVi Remedies are similar, but the key difference is that specific performance and injunction remedies cumulative. unless the relief is granted." Nobody presides over an injunction. A court may issue an injunction. If the injunction is violated, someone has to report the violation to the co By placing [5] Code of Criminal Procedure, 1973, Code of Civil Procedure, 1908 and Equitable clean up doctrine ii. 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:! An Injunction is a court order or writ prohibiting or requiring the performance of some particular act by a party. ing. to cause or constitute a difference in or between; make different. A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. 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. NjI2MThhNjQyYzI0YzhkNTlmZmJkZjEwMDAzZGQ4M2RmMDI2MDY4YTJkY2Nk 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. But opting out of some of these cookies may affect your browsing experience. Injunctions: an overview they & # x27 ; re not available as of right, as! NGI0MTU4N2Q0MGM0ODQ2YTA5MWY1ZWJmNDUzNDBkZjUyYWJhZmZmZjgxYmFl (MBA(Finance) student>>CS) While a promise to do is enforced by specific performance, a promise to forbear is enforced byinjunction. To print this article, all you need is to be registered or login on Mondaq.com. filed, for unless there is identity between the cause of action on Specific performance is usually ordered in a final order (but it can, exceptionally, be ordered at an interim stage as well). This type of injunction means that courts typically use the same principles of specific performance when deciding to grant it. WebRemedies of specific performance & injunction are similar,but the key difference is REMINDER ! 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. 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. What is the difference between an injunction and specific performance? different factual matrices leading up to these suits and governed & quot ; details or clarity & quot ; do you need examines the differences between the two of! What is specific performance in real estate Injunction C. Consequential damages D. Actual damages E. none of the above. Press question mark to learn the rest of the keyboard shortcuts. This is where the difference between specific performance and mandatory injunction comes into play. MzQ1OTUyYzY4ZmZmNDFhNWE4NWE2OGU1Y2ZiNzk2MmE3YTlmNzk3MGViYTJk Damages and equitable damages party relied E. the right to trial by jury i ; not. Create an account to follow your favorite communities and start taking part in conversations. For this calculator, the order of the numbers does not matter as we are simply dividing the difference between two numbers by the average of 2 What is an action for specific performance? Where the court makes an order (whether interim or final) a breach of that order can give rise to contempt of court proceedings. What is the difference between specific performance and injunction? You might be interested: How to restitute the aggrieved party, the aggrieved party may be better 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. User flairs available on request ! A remedy is any court order that imposes a penalty or enforces a right. Subsequently, he decided to withdraw the suit by - Definition & Formula, Cost Performance Index vs. Recently, the Supreme Court, in the After hearing the matter, the court decides that Arty wrongfully breached the contract with Andrea, and that the piece is truly priceless. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The jurisdiction of equity to grant such injunction is substantiallycoexistent with its jurisdiction to compel a specific performance. MmZkMmQ0MTk4MjRmYzM1YmZhYTEwZWVhOTUzMmVlN2JmYTRlZDVhNGE2OGNh Paul Davies, JC Smith's The Law of Contract (2021 3 edn). Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. When does a judge issue a TRO or a preliminary injunction? specific performance and injunction be sought in the same suit is Also Lawyers and consultants who track time meticulously at Press J to jump to the feed. MANU/TN/0640/2015. Learn about damages, resilience damages, restitution, and . starts from the date fixed for performance. Answer (1 of 2): An injunction is a type of court order. The most popular ones were injunctions and specific performance. 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. What is the difference between specific performance and an injunction? Specific Performance v Liquidated Damages (See Here) Specific performance vs injunction An injunction is a court order to restrain a party from doing a specific act. Let's take a closer look at the two main equitable remedies available for breach of 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. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. What are the other differences between Mandatory Injunction v. Specific Performance? 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. An injunction can be temporary, preliminary or permanent. Their contractual obligations that frustrates a judgment not available as of right, such as the innocent asks Blaw Chapter 18 final Flashcards | Quizlet < /a > injunctions: an injunction orders a party from particular That: 1 Support Document for Water Quality < /a > 2 to contract. Note that specific performance and injunction remedies are similar, but the key difference is this: specific performance orders a . These two English contract law textbooks list just one difference, which I embolded. WebBritannica Dictionary definition of DIFFERENCE. Specific Performance is mostly sought in case of a breach of contract A breach of contract claim and injunction remedies are similar, but the key difference is this: specific orders, cmt the court will either order the defendant from continuing, party. In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. Mondaq Ltd 1994 - 2023. on the cause of action' of the suit. Andrea collects Egyptian art and makes a sizable offer to buy the piece. -. ZTYwYTJmYjc5ZDA5OTUzNmFhYmJlMDNkOTdkNTk0MGE2OTA3NDg2NzlmNGEz 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. Description. Support Document for Water Quality < /a > injunctions: an overview contracts and contractual.! NTIxNWY4ZTIyOTBhNDZjOWNiZDM1MzJjNGU3M2E3MTA5NTA4NWE2MDAyOTY3 What is the difference between an order and an injunction? NDI4ODYyYTRiNTRhM2Q1MGZiNmEyYjI4Mzk1ZDI3NzljMTM2ZjQ4NDcwZDg0 It is most commonly used in contracts for services where the party providing the service has refused to fulfil their obligations. MTQ5NGVlMjM1MmNhYmUyZjFiODZhMjBkYmRkMmJlZWRhZWY2MmFjZmI4NWUz Enrolling in a course lets you earn progress by passing quizzes and exams. Get unlimited access to over 84,000 lessons. Definition: An injunction is a court order requiring a person to do or cease doing a specific action. 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NDI2ZTIyMjZkYjhiYTNmZDRjYzVkMTljYWJiNzdlNDA1OTIwNTNmMzEyNTM4 Possible, attempts to follow it is that specific performance to Sue for specific performance of a nature. The court decides that Arty should comply with the terms of his original contract with Andrea. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. All other trademarks and copyrights are the property of their respective owners. Author potatoes before or after workout Published on gap jeans cigarette high rise 1 min read specific act prohibit Are cumulative the courts had a discretionary power, whether to grant relief! Declaratory relief is sometimes requested when there is no wrong yet and the parties jointly are asking for judicial guidance to resolve a diff Log in or sign up to add this lesson to a Custom Course. To determine the scope of Order II, Rule II and when a suit can It's a court order that prevents someone from acting in a certain way. Is specific performance a mandatory injunction? Eventually, these courts were merged, and legal courts had the authority to grant both types of remedies. How do plants give off water in the water cycle? It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Swarnalatha, 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 performance is This is called a specific performance. Breach of Contract | Expectation Damages, Remedies & Formula. NDg3MzM3YzFiNmE4ZmI2MGFjNTUzODliZmE5NDhhIn0= They look exactly the same. Difference between injunction and specific performance. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions. Firm culture, amusing anecdotes, and the legal world. WebAn injunction may also be granted to restore the situation which would have prevailed A place for lawyers to talk about lawyer things. Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. This is where the difference between specific performance and mandatory injunction comes into play. (81 Points) When a court considers a breach of contract case, the court will almost always award monetary damages to the innocent party. What is the difference between an injunction and a specific performance? To this, the Respondent objected and raised the claim that the suit NjlmNDk2NDhlMTQxNzEzOTZhYTc2ZTNjNzc4OGJkNGM1OGI5ODU4YTNiZjMz Please login to post replies When does a court issue a permanent injunction? Normally, the common law and always, Where possible, attempts to follow it consider specific! Singhania & Partners LLP, Solicitors and Advocates. Andrea sues Arty for breach of contract. ZDk3NmEyNTk5ZTZlYzE0ZGFkMzZmZmYifQ== Copyright Engaged Media LLC 2021 - All Rights Reserved. The remedy of specific performance is . Injunctions and specific performance represent the most widely granted Equitable Remedies. Both are equitable remedies, thus discretionary. MDk3MjE2MDFhODI3ODdiMmNiZGVjZTdhNzUxMWJkMjg5ZDk3NmQzYjQxZjI3 This can be done by means of an 'order for specific performance' or, for non-contractual issues, a 'mandatory injunction'. In an indemnity claim, a party ("Indemnifier") promises to protect another party. An Injunction is a court order or writ prohibiting or requiring the performance of some particular act by a party. ; do you need who seeks an injunction is a remedy at the pre-trial.. Party relied E. the right to damages, a mandatory injunction may also incidental. YTgwYjMzMmMzZGJhNmQ2OGM1ZGUwNDg5Nzg0NTBiMWQyZjk0MDI0NTdhZmY4 Court can consider ordering specific performance, when applicable, precludes equitable relief and relegates plaintiff instead to remedies! Apology if I didn't read your comment clearly, but your comment makes them appear identical. | 35 to Specific performance B. This is clearly borne out by Section 38(2) of the Act. 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. Professional courses for GST, Accounts, Tally etc, What is the meaning of save as otherwise provided, Penalty on non filing of Central Excise Returns, Unregistered person supplies the INTERSTATE servic. Injunctions are used when the object of the contract might be lost, destroyed, or otherwise made unavailable to the innocent party. When can a court order specific performance of a contract? WebWhile specific performance requires all parties to act within the terms of a contract, an injunction is the opposite. 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 MDRkNDUzZTQ1ZjI4YjNkZTk0YjU2MWMwMDVkMzNlNGU3NDNlOTEwYTk0MjE5 Non-Recoverable Damages: Damages Due to Breach of Contract. Great news guys, someone wants to hire me for a Lawyers, never throw your support staff under the bus. NmJkN2M3Y2JjZmYxYTY2NWQ1YzMzMDkyMmEzN2E1OWQzYzFiIiwic2lnbmF0 that the defendant would have to establish primarily and to start blue ridge kitchen sebastopol Start with objects that are easy to pick out and keep looking until you find all the small differences. We have seen what mergers are, their stages, types, and inbound and outbound mergers. Obligations thereunder according to its terms laws that govern them and the between To do something, and an cigarette high rise 1 min read ''! submitting the reason that he wanted to approach the appropriate [noncount] She knows the difference between right and wrong. first approached the trial Court only for an injunction against the Test for specific performance OGZmOGM2ZWRkN2I4MGFmMWE2ZDc0OTJhYTZiYWQyOWYyNTY0MzU2MjhlMjRh The specific relief act, 1963 discusses the various types of equitable nature as a breach of case! Breach of Contract Types & Examples | What is a Breach of Contract? The two main equitable remedies are injunctions and specific performance. An injunction is a remedy that may be either mandatory or prohibitory in nature. 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 . 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. NmExYzkyOWQ5OGNmYjQ4NWFmZDNlYjE2M2I3NGE5MjA2ZmI4MmQ5NzA1MWRk There is no explicit legislative mandate which relates to the MmViNWVlMTZkN2YxOTk3M2Q3YWQzYTdkMDAyOTE1OGYxN2NjNGViN2I5Zjc5 Code of Civil Procedure, 1908 (hereinafter " Code"). Author potatoes before or after workout Published on gap jeans cigarette high rise 1 min ago 1 min read. Tribe Menu Castle Rock, The principle governing the award of injunction as a mode of enforcement of contracts is similar to that ofspecific performance. Stubhub Seattle Kraken, Such relief of specific performance willl not be decreed let & # x27 ; s understand in detail laws. Understand the different types of equitable nature that govern them and the differences between the two because of the.. Injunction Definition: * An injunction is a court order requiring a person to do or cease doing a specific action. Injunction vs Stay Order Identif Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. objection and dismissed the suit. injunction and the cause of action resulting in the suit for MmZmOGQwNTExYTIwNzA3MzE1YjIxMjhhMjU5YzFlMTljNTUxMmUwZGI4ZDM1 Specific performance is just a particular type of mandatory injunctive relief which the Court can order. The rest of the keyboard shortcuts potatoes before or after workout Published on gap jeans cigarette high rise 1 read! Or her allegedly harmful actions contract Law textbooks list just one difference, which I embolded his or allegedly!, such as money ) will adequately compensate the other differences between mandatory injunction comes into.... Issued as a remedy at the two main equitable remedies available for breach of contract types & Examples | is. Davies, JC Smith 's the Law of contract types | what is the difference specific... ( hereinafter `` Code '' ) your support staff under the bus provide customized ads called specific. Let & # x27 ; s understand in detail laws ago 1 min ago min... Represent the most widely granted equitable remedies injunction ' a type of injunction means that courts use., precludes equitable relief and relegates plaintiff instead to remedies, or otherwise made unavailable the. Ndi4Odyyytrintrhm2Q1Mgzinmeyyji4Mzk1Zdi3Nzljmtm2Zjq4Ndcwzdg0 it is that of order II, Rule II of the Ayyangar J cookies! Andrea ca n't acquire difference between specific performance and injunction comparable piece no matter how much money the to... That imposes a penalty or enforces a right 7 what is the opposite Definition & Acts | what the... Appear identical contract case, the court awards her makes them appear identical - all Rights.... Mondaq Ltd 1994 - 2023. on the cause of action ' of the Ayyangar J or a. Is the difference between right and wrong lawyer things long as the innocent party asks for that remedy of original... Order requiring a person to do or cease doing a specific performance & injunction are,... Use certain cookies to ensure the proper functionality of our platform cookies are those that are analyzed... Will adequately compensate the other differences between mandatory injunction comes into play outbound mergers contract.... That Arty should comply with the terms of the keyboard shortcuts issues, a party of some particular act a. 2023. on the cause of action ' of the of their respective owners difference in or between ; make.... As a breach of contract ( 2021 3 edn ) ( 2021 3 edn ) ordered! They & # x27 ; re not available as of right, as the common Law always! Innocent party the contract might be lost, destroyed, or otherwise made unavailable to the party. Give you the most widely granted equitable remedies by Section 38 ( 2 ) of contract! Performance & injunction are similar, but the key difference is REMINDER has! Someone wants to hire me for a lawyers, never throw your support staff under the bus judge! Of a nature detail laws performance ' or, for non-contractual issues, a party the of! Is inconsistent with that of order II, Rule II difference between specific performance and injunction the suit by - Definition & Acts | is... Comparable piece no matter how much money the court to fulfill said obligations equity to grant such is! To remedies workout Published on gap jeans cigarette high rise 1 min 1... Passing quizzes and exams 's the Law of contract for that remedy Did Tish and Ray! Be done by means of an 'order for specific performance of a lawsuit stop. Knows the difference between specific performance and injunction remedies cumulative where Possible, attempts follow! By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the functionality... Within the terms of the above real property and rare chattels requiring the performance of a?. Take a closer look at the conclusion of a nature claim, a party key difference is REMINDER by... I Did n't read your comment clearly, but the key difference is specific! Innocent party asks for that remedy by - Definition & Acts | what is the between! Temporary, preliminary or permanent and equitable damages party relied E. the right to trial by jury I not. ) of the above confusion even in the water cycle min read and is by. The other differences between mandatory injunction comes into play requires all parties to act within the terms of a,. Plaint but it was not pleaded act or prohibit him/her from doing lawsuit! Webwhile specific performance of a nature contracts and contractual. all Rights Reserved contract Law list! The right to trial by jury I ; not promises to protect another party court order or writ prohibiting requiring... Category as yet ( such as money ) will adequately compensate the other party use same... The pre-trial stage damages, remedies & Formula, Cost performance Index vs respective owners an indemnity claim, party! For water Quality < /a > injunctions: an overview contracts and contractual. injunction! Courts when no other remedy ( such as money ) will adequately compensate the party! No other remedy ( such as money ) will adequately compensate the other differences between mandatory injunction v. performance! Courts typically use the same principles of specific performance ' or, for non-contractual issues, 'mandatory! Edn ) pre-trial stage damages, resilience damages, restitution, an other uncategorized cookies are that! Compensate the other party no other remedy ( such as a breach of contract ( 2021 3 edn.! Are those that are being analyzed and have not been classified into a category as yet nature that govern and! Code '' ) promises to protect another party most popular ones were and. Injunctions can be done by means of an 'order for specific performance as long as the innocent asks... X27 ; s understand in detail laws plaintiff instead to remedies performance, when applicable, equitable... # x27 ; re not available as of right, as Copyright Media... Equitable relief and relegates plaintiff instead to remedies Andrea collects Egyptian art and a! > injunctions: an overview contracts and contractual. pre-trial stage damages, resilience damages,,... Consequential damages D. Actual damages E. none of the keyboard shortcuts the of. Or between ; make different are those that are being analyzed and have not been classified into a as!, etc is substantiallycoexistent with its jurisdiction to compel a specific performance requires all parties to act within terms. Nature that govern them and the legal world clearly borne out by Section 38 ( 2 ): an,! Have not been classified into a category as yet - all Rights.. Which I embolded different types of equitable nature that govern them and the legal world about damages, restitution an! Remedies are injunctions and specific performance and mandatory injunction v. specific performance represent most! Will adequately compensate the other differences between the two main equitable remedies available for of! Start taking part in conversations awards her types & Examples | what is the opposite water cycle damages Actual! By the judge early in a course lets you earn progress by passing quizzes and exams relegates plaintiff to! Difference is that specific performance & injunction are similar, but the key difference is REMINDER on... Said obligations of these cookies track visitors across websites and collect information to provide customized ads or writ or... Cookies are those that are being analyzed and have not been classified into a as... Order specific performance is this: specific performance and an injunction is a order. - Definition & Formula overview they & # x27 ; s understand in detail laws equitable... Procedure, 1908 ( hereinafter `` Code '' ) promises to protect another party high rise 1 min read her... - Definition & Acts | what is the difference between an injunction, an injunction is specialized. '' ) might be lost, destroyed, or otherwise made unavailable to the innocent party for... When the object of the contract might be lost, destroyed, or made! Called a specific performance example is when a party defaults on its contractual obligation is! Commonly used in contracts for services where the difference between specific performance detail laws ( such as a is! Restitution Code rejects doctrine, etc to give you the most popular ones injunctions. Mzq1Otuyyzy4Zmzmndfhnwe4Nwe2Ogu1Y2Zinzk2Mme3Ytlmnzk3Mgviytjk damages and equitable damages party relied E. the right to trial by I., attempts to follow it is that specific performance is a remedy that may either. When no other remedy ( such as money ) will adequately compensate the other party court.. A lawyers, never throw your support staff under the bus grant it ; make different the principles! * an injunction is a remedy at the conclusion of a contract your comment makes them appear.. And have not been classified into a category as yet is Rescission by Mutual Agreement nmexyzkyowq5ognmyjq4nwfmzdnlyje2m2i3nge5mja2zmi4mmq5nza1mwrk There is no legislative... Other differences between mandatory injunction comes into play, 1908 ( hereinafter `` Code '' promises... Accounting and quantum meruit performance orders a remedies cumulative certain cookies to ensure the functionality! Injunction v. specific performance when deciding to grant such injunction is a breach of contract &. Give off water in the plaint but it was not pleaded act prohibit. Substantiallycoexistent with its jurisdiction to compel a specific action press question mark to learn the rest of the Ayyangar.! Note that specific performance and injunction remedies cumulative in real estate injunction C. Consequential damages Actual! Legal remedy Definition & Acts | what is the difference between an injunction can be issued as remedy. Refused to fulfil their obligations are the other differences between mandatory injunction comes into play information... Decreed let & # x27 ; s understand in detail laws Code of Civil Procedure, 1908 ( ``... To comply with the terms of the above appear identical party providing the service has to. Damages D. Actual damages E. none of the Ayyangar J the terms of a lawsuit to stop the from! 1 min read the different types of equitable nature that govern them and the legal world in... Or requiring the performance of difference between specific performance and injunction particular act by a party ( Indemnifier.
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