INJUNCTION 2

There can be cases where the nature of the contract does not allow damages to likely serve any purpose nor admit to specific performance. In such cases, the court may have to restrain the party who threatens the breach, to the possible extent. For example, a person undertakes a contract to sing at a particular place and also undertakes not to sing anywhere else during the same period. In case the singer threatens breach, the court cannot force him to sing. The positive side of the bargain is not specifically enforceable. But the negative undertaking i.e. not to sing elsewhere, can be enforced by restraining him from singing elsewhere. When he is prevented from resorting to other openings, it may exert some pressure upon his mind and he may be persuaded to go ahead with the performance of his contract. This type of remedy is known as preventive relief. This is granted by issuing an order known as injunction. INJUNCTION  is an order issued upon the party concerned directing him/them to omit the performance of a particular duty or act. 

 

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