Specific Performance - Contracts for Personal Services

What was held in Lumley v Wagner [1852] regarding negative v positive undertakings

the defendant undertook to sing at the plaintiff’s theatre with a clause not to perform anywhere else. The defendant subsequently agreed to perform elsewhere. The court said that they would not enforce the positive undertaking, but they would enforce the negative undertaking and granted the plaintiff the injunction sought.

What was held in Warner Bros v Nelson [1937] regarding negative v positive undertakings

an actress agreed not to act for any film company, the court enforced this negative obligation on the basis that it didn't amount to ordering specific performance by requiring the defendant to work for the plaintiff or remain idle.

What was held in C.H. Giles and Co v Morris re flexibility?

the Court rejected the notion of a rigid prohibition.

What was held in Co-Operative Insurance Society v Argyll Stores [1998] re supervision

House of Lords refused specific performance of an obligation to continue running a business, citing the impracticality of supervision, adequacy of damages as a remedy and risk of oppression.

What was the criteria set out in Posner v Scott-Lewis [1987]?

1. Is there a sufficient definition of what has to be done in order to comply with the order?

2. Would enforcing compliance involve an unacceptable degree of court supervision?

3. Consider the hardship which would be suffered by the parties if the order is/is not made.

What was held in Hill v CA Parsons [1972] re trust and confidence

an injunction was granted preventing the dismissal of an employee in circumstances where the employer retained confidence in him and the dismissal was as a result of external pressure.

What was held in Carroll v Dublin Bus [2005], re trust and confidence?

court stressed that SP would only arise in exceptional cases where no practical difficulties could reasonably be expected.