Cards (7)

  • Specific performance is a court order compelling someone to perform their contract, awarded when damages alone are deemed inadequate
  • Court orders for specific performance are rare as judges often prefer to award monetary compensation instead
  • Limitations on specific performance include:
    • It would be harsh or unfair
    • The contract was obtained fairly
    • The contract is for personal services
    • The contract is unsuitable for specific performance
  • Injunctions are court orders to not do something, with prohibitory injunctions aiming to prevent future breaches of contract, which can be temporary or permanent
  • If a breach has already occurred, a court may issue a mandatory injunction forcing the defendant to take action to restore the situation before the breach took place
  • Injunctions cannot be used for specific performance, for example, in employment contracts
  • Consumer remedies under the Consumer Rights Act 2015 may be relevant for consumer contracts, with specific sections providing remedies