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Part VIII Remedies For Default, 29 Specific Performance and Other Equitable Remedies

From: Contract Law in Practice

Neil Andrews

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 April 2024

Breach of contract — Performance of contract — Remedies for breach of contract — Damages — Contract and transfer of title

The equitable remedy of specific performance to compel performance is a mandatory final injunction. This remedy takes the back-seat in English law when compared with the Common Law money remedies of debt and damages. But specific performance is the default remedy in the context of contracts for the transfer of interests in land or shares in a private company. Injunctions are primarily ordered when the contractual breach involves the commission of something which the wrongdoer has promised not to do (a ‘negative undertaking’).

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