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Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

21. Specific enforcement  

This chapter looks at specific performance and injunctions. Specific enforcement is only available in limited circumstances. The adequacy of damages as a remedy must be addressed. Its availability is limited by issues of supervision and its general undesirability in relation to contracts for personal services. Its nature as an equitable remedy means that the courts have discretion and consideration is given to such matters as hardship, behaviour of the claimant, adequacy of consideration, and mutuality. An injunction may, in effect, enforce the performance of the contract. It may be used to prevent a breach of a negative undertaking or to order the undoing of a breach which has already occurred. An injunction may provide the means of securing relief until the trial of the main action.