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CONTRACT LAW

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › CONTRACT LAW

  • This topic has 3 replies, 2 voices, and was last updated 1 month ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • June 15, 2022 at 12:06 am #658762
    Eunice03
    • Topics: 43
    • Replies: 38
    • ☆☆

    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.

    Good day sir,Pls i don’t understand what they mean by the claimants not being able to obtain an injunction because there was no mutuality between parties.I will appreciate if you can shed more light on this

    June 15, 2022 at 7:50 am #658786
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22588
    • ☆☆☆☆☆

    Specific performance (Do it) and injunction (Stop it) are effectively opposites in equity law

    The Court’s decision here says that the Troggs would not be able to get an order of specific performance requiring Page One Records to perform their duties as managers of the group.

    It would therefore be unfair if Page One Records were to be able to get an injunction to prevent the Troggs from finding a new manager

    And that’s where the concept of mutuality comes in. Why should one party have special rights whilst the other doesn’t have equivalent rights?

    Does that explain it for you?

    June 15, 2022 at 10:12 pm #658815
    Eunice03
    • Topics: 43
    • Replies: 38
    • ☆☆

    Yes sir.Thank you

    June 16, 2022 at 6:49 am #658824
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22588
    • ☆☆☆☆☆

    You’re welcome

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