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
Related Questions in this Topic
- Distinguish between Temporary and perpetual injunctions.
- Under what circumstances perpetual injunction can be granted under the Specific Relief Act, 1963?
- When perpetual injunction may be granted under the Specific Relief Act, 1963?
- Against whom the specific performance of a contract cannot be enforced under The Specific Relief Act, 1963.
- Enumerate the circumstances in which perpetual injunction can be granted under Specific Relief Act, 1963.