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1) Warner Brothers Pictures Inc v Nelson (1936)
Facts: The film star, Bette Davis (Miss Nelson) entered into a contract with
the claimants, whereby she agreed that she would not undertake
other film work or any other occupation without the claimant’s written
consent. The claimant sought an injunction to restrain her from doing
film work for another company in breach of this agreement.Held: The injunction would be granted. However, no injunction would be
granted to prevent her engaging in ‘other occupations’ as this would
force her to work for the claimants.Question: Can you please explain me that why injunction is not granted for undertaking any other occupation when it was clearly written in contract?
2) Page One Records v Britton (Trading as The Troggs) (1967)
Facts: The claimants, as managers of a pop group (The Troggs), sought
an injunction to restrain the group from breaching their contract by
engaging another manager.Held: As the group would have been unable to obtain an order of specific
performance to compel the claimants to perform their personal
services as managers, the claimants could not obtain an injunction
against the defendants, as there was no mutuality between the
parties.Question: please explain me the above case
“Can you please explain me that why injunction is not granted for undertaking any other occupation when it was clearly written in contract?”
You cannot deprive someone of the right to earn a living
If an injunction had been granted to prevent her from working in an other occupation, Bette would not have been able even to take on the job as a cleaner for a local office of accountants (or any other occupation)
It’s much too wide a restriction for it to be enforced by injunction
The Troggs would not ever have been able to obtain an order of specific performance demanding that their manager should perform as a manager (effectively, efficiently or otherwise) – you can’t get an order of specific performance in respect of a contract for the provision of personal services
So if the Troggs couldn’t get an order of specific performance, why should the manager be able to get an injunction? That wouldn’t be an unfair situation
OK?
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