- A film star (Nelson, also known as Bette Davis) entered into a contract with Warner Bros to perform exclusively for them for 52 weeks
- During this time she got more popular and breached the agreement to work with a 3rd party
- WB sued for an injunction
Can you enforce an injunction on a personal services contract?
- Branson J: The consideration is ‘is this contract unlawful because it is a restraint of trade?’ No – no evidence to support this
- A Court will not enforce specific performance for a personal service
- The Court should try to bind people to their word, though
- The Court will not enforce negative clauses if they would force them into starvation or to act out the positive clauses (service only)
- It is too hard to figure out damages
- Injunction granted.
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