First Principles of Business Law

Remedies for breach of contract

2. Orders of specific performance

2.2. Obligations involving personal services

 

 

 

Read the facts and the question and then choose the best answer.

A, a stage designer, agrees with B, a producer, to design the set for B's lavish production of the opera 'Aida' in Sydney for a fee of $100,000. Shortly before the work is to begin, A tells B that she has been offered a more prestigious job in New York, and she no longer wants to perform the contract with B. B says it will be impossible, even at greater cost, to find a replacement with the same experience and reputation.  He wants the courts to order specific performance of his contract with A.

Is a court likely to order specific performance of this contract?

(a) Yes, because there is no-one else to take over the job who has the same experience and reputation as A.

(b) No, because the courts won't order specific performance of contracts if the performance involves personal goodwill and cooperation.

 

 

 

 

 

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