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specific perforamnce and injunctions - Coggle Diagram

- - - - However, n the unusual circumstances where defendants were the only source of supply available to the plaintiffs, sole mean by which they could continue their business, damages not sufficient remedy, injunction would be granted
- - - - 'I think the Courts are bound to be jealous, lest they should turn contracts of services into contract sof lsavery and therefore, spoeaking for myself, i shoudl elan against the extension fo the doctrine of specific perfcormance adn an injucntion in such a manner
- - - - 'From a wider perspective, it cannot be in the public interest for the courts to require someone to carry on business at a loss if there is any plausible alternative by which the other party can be given compensation. It is not only a waste of resources but yokes the parties together in a continuing hostile relationship. The order for specific performance prolongs the battle......'
        An award of damages on the other hand brings the litigation to an end
- - - - faacts
        
        The D a publican at the red lion public house on 16 november 1898, requested a supply of energy to his premises for trade purposes, in which he agreed to take the whole of the electric energy required for his premises front he claimant for a period of not less than five years
        
        The defendant wished to take his supply from another company
        
        Held that the request was in substance a contract not to take energy from any other person, and that it could be enforced by injunction
    - - 'It was objected that the operation of the injunction in the present case was mischievous, excluding the Defendant J. Wagner from performing at any other theatre while this Court had no power to compel her to perform at Her Majesty's Theatre. It is true that I do not have the means of compelling her to sing, but she has no cause of complaint if I compel her to abstain from the commission of an act which she has bound herself not to do, and thus possibly cause her to fulfil her engagement.'
    - - Fallon had entered into an agreement whereby he was t to ride aracis horse, when requested, over a period of one year
        for the duration of teh agreemetn, fallon was under both a psotiive obligation to ride and a negative obligation not to ride a rival hors ein any race
        Araci asked fallon to ride the horse in the epsom derby and fallon refused, having agreed to ride a rival horse for another owner
        Araci sought an interim injunction to prevent Fallon from riding any horse won the Epsom Derby.
        The injunction was granted
    - - It was held that tyje coury would npot grant an injunction to enforce a prohoibtion on an employee from working for anone other than th employer if that would produce the same result indirectly. The only relevant principle was athat an injinciton should not be granted wher ethe effetc would be to compel the employee to continue to worl for the employer