Difference between Specific Performance and an Injunction


Difference between Specific Performance and an Injunction

The remedies of specific performance and injunction are similar, but the key difference is that while an order for specific performance orders a party to do something, an injunction orders a party not to do something. In other words, specific performance is a positive remedy whereas, an injunction is a negative remedy.

Specific performance of a contract means enforcement of exact terms of a contract. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property.

Temporary injunction

Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.

Permanent injunction

A permanent or perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

When can the Court grant perpetual or permanent injunction

A perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

Further, when the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—

  • where the defendant is trustee of the property for the plaintiff;
  • where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
  • where the invasion is such that compensation in money would not afford adequate relief;
  • where the injunction is necessary to prevent a multiplicity of judicial proceedings.

What is mandatory injunction and when is it granted?

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.

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