Question

Differentiate between injunction and specific performance.

Answer 1

Answer:

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.

Answer 2

Answer:

Specific Performance is a relief sought through the Court in case of breach of contract. Here, a Plaintiff approaches the Court alleging that a defendant has not performed a contract fully or partially and seeks the Court's order compelling the defendant to perform the covenants in the contract; in full or part. For example: A has paid a certain amount of money to B as part payment to purchase an appartment in the building built by the latter. B promises to deliver the appartment in 6 months from the date of payment, but fails. Now, A can approach a Civil Court of competent jurisdiction seeking to compel A to ‘Perform’ his part of the contract.

Injunction is an order of the Court which either prohibits a party to a Civil Suit from doing a certain thing or mandates a party to perform something. Basically Injunctions can be of permanent or temporary nature. While a permanent injunction is a relief sought as the final outcome of a Suit, a temporary injunction is usually ordered during the initial stages of the Suit; provided that, the Judge is convinced that the delay in deciding the matter finally shall cause irreparable injury to the party seeking such temporary injunction.

Explanation:

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