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Part Four Compelling performance or preventing (or compelling the undoing of) a wrong, 22 Specific performance

Andrew Burrows

From: Remedies for Torts, Breach of Contract, and Equitable Wrongs (4th Edition)

Andrew Burrows QC FBA

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 March 2023

Breach of contract — Performance of contract — Damages

This chapter considers the law on specific performance. Specific performance is an equitable remedy which enforces a defendant’s positive contractual obligations: that is, it orders the defendant to do what he or she promised to do. Prohibitory injunctions also enforce contractual promises, but differ in that the promises in question are the negative. However, if what is in form a prohibitory injunction, in substance orders specific performance, or if the courts consider that in practice the injunction amounts to specific performance, it is governed by specific performance principles, which are dealt with in this chapter. The easiest way to understand the law on specific performance is to look at the various bars to the remedy.

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