07-29-2022, 05:25 AM
A person who is not free to walk away from serving his or her master. Just in case you try to suggest that those who are contracted to, say, an employer such as a record label are therefore slaves, no they aren’t. Courts will not grant a mandatory injunction requiring someone to fulfil contracts that require personal performance. The Courts may award damages for breach of contract and they may grant injunctions to prevent the breaching party from providing the contracted services to other parties, but they won’t force a person to work out the contract.
As an example, a Court won’t grant a mandatory injunction to force Paddy Dow to play with Carlton next year. Such a mandatory injunction would carry a threat of jail if Paddy Dow refused to play in our VFL side. Carlton could regard a refusal by Paddy Dow to play as a breach of contract and terminate the contract. And the AFL and Carlton could obtain injunctions against any club that sought to list him as a player. But there’s no way the Courts would enjoin Dow from working for McDonalds next year.
As an example, a Court won’t grant a mandatory injunction to force Paddy Dow to play with Carlton next year. Such a mandatory injunction would carry a threat of jail if Paddy Dow refused to play in our VFL side. Carlton could regard a refusal by Paddy Dow to play as a breach of contract and terminate the contract. And the AFL and Carlton could obtain injunctions against any club that sought to list him as a player. But there’s no way the Courts would enjoin Dow from working for McDonalds next year.