Thereafter, Stuart signs a contract to perform in Elaine’s production and ceases performing for Charlotte. Charlotte seeks (b) to require Stuart to perform his contract with Charlotte. What result?
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Stuart contracts to act in a comedy for Charlotte and to comply with all theater regulations for four seasons. Charlotte promises to pay Stuart $1,800 for each performance and to allow Stuart one benefit performance each season. It is expressly agreed “Stuart shall not be employed in any other production for the period of the contract.” During the first year of the contract, Stuart and Charlotte have a terrible quarrel. Thereafter, Stuart signs a contract to perform in Elaine’s production and ceases performing for Charlotte. Charlotte seeks (a) to prevent Stuart from performing for Elaine. Stuart contracts to act in a comedy for Charlotte and to comply with all theater regulations for four seasons. Charlotte promises to pay Stuart $1,800 for each performance and to allow Stuart one benefit performance each season. It is expressly agreed “Stuart shall not be employed in any other production for the period of the contract.” During the first year of the contract, Stuart and Charlotte have a terrible quarrel. Thereafter, Stuart signs a contract to perform in Elaine’s production and ceases performing for Charlotte. Charlotte seeks (b) to require Stuart to perform his contract with Charlotte. What result? |
Explanation
The dispute between Individuals S and C cannot terminate the conditions of the contract that they both agreed upon legally. The contract is still enforceable on Individual S. Additionally, according to Section 367 of Restatement Second, Cindivontracts, Individual C can control Individual S from giving unique and special performances to Individual E.
Verified Answer
The order to stop Individual S from performing the shows of Individual E could be passed with the virtue of the legal word injunctions if Individual S renders some special services to Individual E.
Explanation
The contract is enforceable on both the parties that have agreed upon the terms and conditions but as per Section 367 of the Restatement,Second Contract, if there is a case of personal services rather than real estate and unique things related to property, the law does not bind any party to provide special performance to the other party.
For this reason, Individual S is not bounded to do so as per the contract and is free for the choices.
Verified Answer
The permission for providing special services by Individual S to Individual C as per the contract conditions should not be entertained because that is not permitted under law and depends on the personal choice of the Individual S.
