Contract; remedies for breach; injunctions; prevention of threatened breach of contract.
Facts: Wagner, a singer, contracted to sing in Lumley’s theatre for certain number of performances. She also promised that, during this period, she would not perform anywhere else. Wagner breached the first of these promises and was threatening to breach the second.
Issue: Would the court issue an order to prevent a breach of Wagner’s second promise not to sing elsewhere during the period of her contract with Lumley?
Decision: In the circumstances, the court would issue an order (injunction) to stop Wagner singing elsewhere for that period.
Reason: An injunction will be issued in appropriate circumstances to prevent a likely breach of the law, including a breach of contract. While an injunction will not be issued if it has the indirect effect of enforcing a contractual promise that the court would not enforce directly, by means of an order of specific performance, the court was satisfied in this case that the injunction would not indirectly force Wagner to sing in Lumley’s theatre. This was because she was able to make a living in other ways for the period in question.