What are the 3 equitable remedies?
There are three types of equitable remedies: specific performance, injunction, and restitution.
Is injunction a remedy for breach of contract?
Thus, the Court may at its discretion grant an injunction to prevent such non-performance and also to compel performance of the required acts. This injunction is applicable to the breach of any obligation. It may be permanent or temporary, although temporary-mandatory injunctions are rare.
What is a contract injunction?
Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. An injunction is a remedy that prohibits a party from a particular act. An injunction can be temporary, preliminary or permanent.
What is meant by rescission?
Rescission is the voiding of a contract by a court that does not recognize it as legally binding. Courts can free non-liable parties from their agreed obligations and, when possible, effectively restore them to the position they were in before the contract was signed.
What are the grounds for an injunction?
In what circumstances can a party apply for an injunction? An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
Why would someone file an injunction?
What is the purpose of an injunction? Injunctive relief is appropriate to prevent a harmful action, to put a stop to ongoing or repeated conduct that violates a person’s rights or causes injury, or to force a defendant to take action in order to prevent harm.
What are the three types of injunction?
The following are the different types of the injunction:
- Preliminary injunction.
- Preventive Injunction.
- Mandatory injunction.
- Temporary restraining order.
- Permanent injunction.
What happens if you fail to comply with an injunction?
An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
When to use an injunction in a specific performance case?
Injunctions aren’t common, but are used mostly in breach of contract cases. Like specific performance, the court will consider this option when money damages won’t provide the innocent party with adequate compensation for the breach, and the innocent party requests that remedy.
What does rescission mean in common law court?
“Rescission” at common law. Rescission at common law (as distinct from rescission in equity) is a self-help remedy: historically, the common law courts simply gave effect to the rescinding party’s unequivocal election to rescind the contract.
When does a court order a temporary injunction?
Sometimes a party will file a court request for injunctive relief while the rest of the lawsuit is pending. When the court orders an injunction in this situation, the remedy won’t be permanent. Temporary injunctions are usually enforceable immediately, but last for only a short period of time.