Distinguish between the following: Specific performance and Injunction

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
Distinguish between the following: Specific performance and Injunction

Answer & Explanation:

Specific performance means the actual carrying out by the parties of their contract, and in proper cases the Court will insist upon the parties carrying out this agreement. An injunction, is an order of a Court restraining a person from doing a particular act. Injunction is a mode of securing the specific performance of a negative term of the contract, (i.e., where he is doing something which he promises not to do), the Court may in its discretion issue an order to the defendant restraining him from doing what he promised not to do. Injunction may be prohibitory or mandatory. In prohibitory, the Court restrains the commission of a wrongful act whereas in mandatory, it restrains continuance of a wrongful commission. Specific performance involves positive approach by the Court to direct the parties to do what they have promised under the contract.

Topics: Specific Relief Act, 1963

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