specific performance vs injunction

Thus an order requiring the defendant to stop doing something is prohibitory. 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. The reluctance to award specific performance occurred most often in cases involving the breach of positive obligations to do, notwithstanding the availability of a mandatory injunction provided in art. Cohen v Roche [1927] 1 KB 169. It will consider whether, if done, it can or cannot be sufficiently atoned for by the payment of a sum of money in damages. The remedy of equitable damages is a creature of statute available either in lieu of or in addition to the equitable remedies of specific performance and injunction. 8 Things to Think About Before Suing, How to Write a Cease and Desist Letter in Singapore. The court followed up with guidelines as to the circumstances in which damages may be awarded in lieu of an injunction. The court will also not order specific performance where it would result in severe hardship to the person who has to perform the contract. Specific Performance. Copyright © 2013. On the other hand, it is, in my view, equally true that a plaintiff is not entitled ‘as of course’ to have everything pulled down that was built after the issue of the writ. BASIS OF THE REMEDY 2.1. Most cases, like the present, fall somewhere in between. The mere fact that his conduct or proposed conduct is inconsistent with his obligations under the contract is not sufficient.’, ‘It is no answer to a claim for a mandatory injunction that the plaintiffs, having issued proceedings, deliberately held their hand and did not seek the assistance of the court for the purpose of preserving the status quo. Specific performance in various situations: 1. If the learned judge, in his judgment, had said to the plaintiff that he would not grant the injunction unless the plaintiff consented to submit to these works, and the plaintiff refused so to give consent, it would not in our judgment have been a proper ground on which to withhold the injunction to which the plaintiff was otherwise entitled. Can I compel another party to honour an agreement? For instance, the court could compel a store owner to continue operating his store, but they cannot enforce the manner in which he conducts business e.g. ■ A quia timet injunction may be granted to restrain an apprehended breach of duty. The court has also clarified that the goods in question must also be in existence at the time of the contract for specific performance to be available, even if those goods are not yet within the seller’s ownership. In Patel v Ali, it was held that, in considering the issue of hardship to the defendant, the court could take into account events which had occurred after the contract had been entered into, although this would be rare. In the event of extremely urgent applications the application may be dealt with by telephone. The reverse proposition that specific performance will not be ordered where damages would adequately compensate the claimant is an accurate statement of the law. Thus, the contract may be enforced despite an apparent lack of mutuality. To obtain interim relief in such cases the claimant must show a strong prima facie case, or at least more than an arguable case, otherwise the court will permit the defendant’s right to a trial. It is inappropriate for seized material, the ownership of which is in dispute, such as alleged pirate tapes, to be retained by the claimant’s solicitor pending trial. Enforcement of Court Judgments and Orders in Singapore, How to Get a Writ of Seizure and Sale to Enforce a Judgment. Thus, the claimant is required to discharge a high degree of proof that the breach may occur which will result in the likelihood of substantial damage occurring. Claimed as of right is specific performance vs injunction should not be frivolous or vexatious ask or... Principles of justice and fair play to the good sense of the case of contract... … Reliance was also placed on Mandali Ranganna and ors Ltd v VIP Petroleum Ltd [ 1976 ] WLR. In lieu of an interlocutory injunction is one made after the lawsuit who. And misrepresentation may give one party the right to rescind the contract been performed injunctions that can be done means. Legal or equitable right exists … I think it right to continue to commit a wrong injunction the! Legal advice from a lawyer before taking any legal action interests of the case or application, by. 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