Contract; remedies for breach; injunction; limitations.
Facts: Bette Davis, an actress, promised not to work 'as an actress' for any producer other than Warner Brothers for a year. While this contract was still in effect, Davis agreed to work as an actress for another producer. Warner Brothers sought an injunction to stop her from breaching her contract with them.
Issue: Would the courts issue an injunction to prevent a breach of contract by Davis?
Decision: The injunction was issued to prevent Davis from working with the other producer.
Reason: Davis had promised not to work 'as an actress' for anyone else for the year. The court found that, even if she did not wish to act for Warner Brothers, she could earn a living working (not as an actress) for someone else. An injunction in the terms sought would not therefore have the effect of indirectly forcing her to render personal services to Warner Brothers, which is something the courts would not enforce directly.
Note: The same principle was applied in Buckenara v Hawthorn Football Club Ltd [1988] VR 39.