Instead, it's a ruling whereby a court orders one party to refrain from participating in one activity and orders them to perform a new action for the sake of the other party. 1 (the Original Defendant No. 3.5 That both the aforesaid suits being O.S. Equitable remedies are different than monetary damages. It is not the case of the defendant that the agreement was terminated by the defendant. ORDER S.B. But there are other types of remedies. Specific performance vs injunction. Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract (a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract . Whether the suit for mandatory injunction for direction to get the agreement to sell dated 22.01.1993 registered is maintainable. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Specific Performance v Liquidated Damages (See Here) A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. Assuming, though not admitting, that the a (1981) ("Specific performance is the fulfillment of the performance due in the contract as nearly as practicable, by the party in breach."). Answer (1 of 2): Specific Performance is a relief sought through the Court in case of breach of contract. a. In other words, specific performance is a positive remedy whereas, an injunction is a negative remedy. The Indian Contract Act lay down 5 remedies for the breach of contract: Suit for damages, Restitution, Specific Performance, Quantum merit and injunction. Suit for the injunction. Suit for . When one among the parties commits a breach of contract, another party shall additionally treat the contract as void or cancel. Suit upon quantum meruit. Suit for Injunction. Specific Performance v Injunction. Suit for Specific Performance 1. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. In other words, you have to be able to show a court that if the court doesn't act, you will suffer damages that can't be adequately compensated by money. The parties can also agree to reduce, expand or change the remedies available for breach of contract with, for example: Conditions Subsequent. The basic performance of contracts is addressed in Sections 9 to 25 of the Specific Relief Act. Beware real property owners: The mere filing of a suit for specific performance (regardless of its ultimate success or the merits) can potentially tie up your property for several years, with or without the existence of a lis pendens. In Zarina Siddiqui v. A. Ramalingam13, a two-judge Bench of this Court while dealing with a suit for specific performance of a contract regarding the sale of immovable property observed that the remedy for specific performance is an equitable remedy and Section 20 of the Specific Relief Act confers a discretion on the Court. Specific Performance: Overview. An injunction is a court order restraining a person from doing a particular act. Although a party can potentially seek both remedies in the same case, an injunction will not be granted if it would have the same effect as granting specific performance and specific performance would not be a suitable remedy for . In contract law, an injunction is an order commanding a defendant to refrain from breaking his contract. When the contract is rescinded, the affected party is automatically discharged from all the commitments under the . Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. iii) Suit for Specific Performance: Specific performance of contracts has been made a law rather than an exception following the Specific Relief (Amendment) Act of 2018. MHASE, J. Suit for Injunction 3. The primary remedies for breach of contract are: Termination of the contract. It is also extremely important to know whether the contract calls for equitable relief or specific performance, to require or enjoin activities. Suit for specific performance of the contract - Readiness and Willingness - Handing over of possession of property without tenants - Submission on behalf of the plaintiff that in the agreement a duty was cast upon the defendant to evict the tenants and to handover the vacant and peaceful possession, which the defendant failed and, therefore, in such a situation, not to pass a decree for . 1 A suit for possession under Section 5 can be filed within. Specific performance is applied in breach of contract actions where monetary damages are inadequate. Specific performance is a remedy developed by principle of equity. Ans:-As per sec.26 (3) of specific relief Act,agreement of sale in suit for Specific performance can be amended. This is called specific performance and is most often the case when a monetary award will not adequately compensate the injured party (e.g. 1 (the original Defendant No. Specific performance. The most common reason courts grant specific performance is that the subject of the contract is unique and adequate just relief requires more than a transfer of money and/ or where the true amount of damages is unclear. Suit for Injunction. 3.3 Suit for Quantum Meruit. This lesson explains specific performance and injunctions, which are equitable remedies. It is a mode of securing the specific performance of the negative terms of the contract. by specific performance (c) by injunctions (d) either (a) or (b) or (c). 92. Suit for Specific Performance. STAGE-II. Held, A can claim for the specific performance. quantum meruit . Specific performance was therefore established so as to guarantee a party the remedy of the right to possession of the land. Suit for Quantum Merit 5. Rescission of the Contract. 10. When the breaching party is found guilty of a material breach, the wronged party . 36. SUIT UPON QUANTUM MERUIT (Section 65 and 70) The phrase quantum meruit literally means as much as is earned or in proportion to the wok done. Injunctions are court orders […] Bar under Order 2 Rule 2(3) CPC in suit seeking permanent injunction later Specific performance of a contract.-para26; Direct- specific performance of the contract if terms of agreement of sale proved; whether the prior proceedings have been prosecuted with due diligence , good faith.ref:under limitation Act Section 14 read with Section 5 So a court may grant an injunction to stop a party of a contract from doing something he promised not to do. When a party has done some work under a contract, and the other party repudiates the contract or somehow the full performance of the contract becomes impossible, then the party who has done the work can claim remuneration for the work under a suit for quantum meruit. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate. A suit for an injunction before a civil court in India is a prolonged but effective legal remedy and legal process during which the opposite party is asked to file his written statement. Chapter VII, s.36 of the Specific Relief Act, 1963 (hereinafter referred as the 'Act') provides for grant of preventive relief. However, in a suit for specific performance, the suit can be decreed only if the plaintiff is able to prove that he was ready and willing to perform his part of contract. Specific performance is a legal remedy that binds the parties of a contract to the terms of the contract. Injunctions require an irreparable harm (that is, something other than monetary damages). Suit for Quantum Meruit. The right to sue upon quantum meruit usually arises where after part performance of the contract by one party, there is a breach . Section 36 of the Specific Relief Act . apply if earlier proceeding is not a suit. In other words, you have to be able to show a court that if the court doesn't act, you will suffer damages that can't be adequately compensated by money. In most situations involving a breach of contract, that is not possible. # Injunctions appeared in Chancery as early as the 1390's. Injunction cases in Chancery's early period (from the 1390's to about 1500) were quite diverse, involving such disparate areas of law as real property, personal property, tort, and Contract. Before an equity court will compel specific performance, however, the contract must be one which can be specifically performed. It is a court order directing a person to stop doing that which she should not do. ORDER S.B. 2 & 3 (the Original Plaintiffs) filed a Suit ("the said Suit") against Respondent No. 1. Breach of contract for injunction When a party breaches a contract, a court will usually award money damages to the innocent party. It is virtually impossible to obtain title insurance necessary to convey title while an action for specific performance is pending. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. Specific performance of contract: The plaint contains not only a prayer for specific performance but also a prayer for perpetual injunction restraining the defendants from interfering with the possession of the plaintiffs and from creating any documents or entering into any transaction in respect of the suit property. It is a decree of the court where the court restricts the party to do any specific work for a certain period of time which is not mentioned in the contract. 55/1986 (suit for specific performance) and O.S. 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 . a. Specific Relief: - Specific Relief may be defined as relief in `specie'.It is a remedy by which an obligation or the specific performance of a contract is fulfilled. The plaintiff also sought for a declaration that it was the sole and exclusive licensee and that Sholay Media be restrained by order of permanent injunction. The main reason why the court order specific performance is that in some of the cases the damages are not clear so the court orders this specific performance. SUIT FOR INJUNCTION. The various reliefs provided under this act are Recovery of possession of property, Specific Performance of Contract, Rectification and Cancellation of Instruments, Rescission of Contracts, Preventive Relief . Suit for injunction. For example, in Allegheny County, where a party seeks an in injunction, she must file a law suit and also a separate motion to to the judge. Suit for the precise performance. As a matter of fact, if the suit was actually one for specific MHASE, J. A contracted with him to paint his picture. Injunction is a judicial process where by a party is ordered to do or to refrain from doing a particular thing. The main question which is raised in this Civil Revision Application by the petitioners is whether the suit simpliciter for injunction is maintainable on the basis of the possession which is acquired by the plaintiff under section 53-A of the Transfer of Property Act, without filing a suit for specific performance of the contract and in such a suit, whether application . - by admin. 3.5 Suit for Injunction. That the suit has not been properly verified in accordance with law. Suit for rescission: The term rescission may be […] An injunction to compel a party to comply with a contract may be entered if one party breaches a contract. According to Pollock and Mulla: "The law of specific relief is in its essence, a part of the law of procedure, for, specific relief is a form of judicial redress. SUIT FOR SPECIFIC PERFORMANCE OF THE CONTRACT. Remedies for Breach of Contract. by specific performance (c) by injunctions (d) either (a) or (b) or (c). Execution of the agreement for sale between the plaintiff and the. Remedies for Breach of Contract: Whenever there is a breach of a contract, the injured party becomes entitled to any one or more of the following remedies against the guilty party: Suit for rescission. June 2, 2021. Under the category of remedies, damages are the primary remedy, while other remedies are discretionary remedies at Equity and are only granted where damages are not an adequate remedy. It was held that B could not claim specific performance. When can an aggrieved party file a suit for . It provides specific relief so as toprovide remedy for the infringement of a legal right. In most situations involving a breach of contract, that is not possible. An injunction is a court order to restrain a party from doing a specific act. Rule 2: It provides that an interim injunction may be granted for restraining the defendant from committing a breach of contract or other injury of any kind to the plaintiff. An injunction is basically like a decree for specific performance but for a negative contract. Case 1: Plaintiff Seeking Temporary Injunction in Specific Performance Suit Has To Show Strong Prima Facie Case on Undisputed Facts . 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. Injunctions. Bar under Order 2 Rule 2(3) CPC in suit seeking permanent injunction later Specific performance of a contract.-para26; Direct- specific performance of the contract if terms of agreement of sale proved; whether the prior proceedings have been prosecuted with due diligence , good faith.ref:under limitation Act Section 14 read with Section 5 1. 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