What is the difference between injunction and specific performance?
Rachel Hernandez
Updated on February 20, 2026
Herein, is injunction specific performance?
Specific performance is a decree of the court ordering a defendant to perform his obligations under a contract. In contract law, an injunction is an order commanding a defendant to refrain from breaking his contract.
Likewise, what does specific performance mean? Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
In this regard, is specific performance an injunctive relief?
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.
What is specific performance in equity?
Related Content. An equitable remedy available for breach of contract. A decree by the court to compel a party to perform its contractual obligations. In the High Court, it may be granted in addition to or instead of damages.
Related Question Answers
What is an example of an injunction?
Example: Cease and DesistA cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.
Who can claim specific performance?
Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.What are the elements of specific performance?
Elements Of A Specific Performance Cause Of Action- The making of a specifically enforceable type of contract, sufficiently certain in its terms.
- Adequate consideration, and a just and reasonable contract.
- Plaintiff's performance, tender, or excuse for nonperformance.
- Defendant's breach.
- Inadequacy of the remedy at law.
How many types of injunction are there?
two typesWhat happens in an injunction?
An injunction is a Court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction). This is a temporary injunction, which is usually granted pending a further hearing or until a full trial of the dispute.What does an injunction mean?
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.Can you get damages and an injunction?
There are other forms of damages such as in rare cases if there was loss or anxiety suffered. In addition in some circumstances equitable damages can be obtained. An injunction is a court order made to restrain an act and the Court may grant either an interlocutory or final injunction.How do you win a specific performance lawsuit?
However, to win a specific performance lawsuit the buyer`s sales contract must be exact enough for the court to order its performance. To prevent the seller from selling the property to another buyer, most specific performance lawsuits also involve recording a lis pendens against the home`s title.How do you enforce specific performance?
Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. In real estate litigation, a buyer can force a reluctant seller to live up to the purchase and sale agreement.What is an order for specific performance?
Specific Performance 16 An order for specific performance is a discretionary remedy that has the effect of directing a party to an agreement to perform its obligations under the agreement according to its terms.What is suit for specific performance?
Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.Should specific performance be the primary remedy?
Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract.Which contracts Cannot be specifically enforced?
The following types of contracts cannot be enforced:- A contract for the nonperformance (breach) in which compensation is proper relief.
- A contract that becomes too complex with too much detail involved.
- A contract that involves personal skill or knowledge (as mentioned above)
- A contract that has uncertainty.
