Question 2 (a)
Singer bound by a negative stipulation: injunction and other remedies
9 marks
- Time to write
- About 18 minutes
- Topic
- Breach and remedies
- Notes
- Crux notes
Question
Question 2 (a) · 9 marksMs. Kavita, a singer, agreed to sing at Mr. Menon's concert for a certain period, and further agreed not to sing at any other concert during that prescribed period. Before the specified period expired, Ms. Kavita contracted with Mr. Iyer to sing at his concert, and refused to sing at Mr. Menon's concert. Can Ms. Kavita be compelled to sing at the concert of Mr. Menon, or restricted from singing at the concert of Mr. Iyer? Discuss. Also, explain the various remedies that the aggrieved party has in case of breach of contract.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- DiscussEach point named and explained, not just listed.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Specific performance not for personal service; injunction for a negative stipulation 3 marks 5 min
- 2 Application and decision 2 marks 4 min
- 3 Remedies for breach 4 marks 7 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.
Try it first. About 18 minutes for 9 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Law. Where damages are not an adequate remedy, the court may direct specific performance of a contract; but a contract for personal services, such as singing, is of a personal nature and the court does not compel its performance. Where a party has promised not to do something and is about to break that negative promise, the court may issue an injunction restraining him from doing what he promised not to do. Thus a film star who agreed to act exclusively for one producer for a year could be restrained by injunction from acting for another; and where a singer agreed to perform at B's theatre for two months and not to perform elsewhere during that period, B could seek an injunction restraining the singer from performing elsewhere.
Application. Ms. Kavita made a positive promise (to sing at Mr. Menon's concert) and a negative promise (not to sing at any other concert during the period). The positive promise is for personal service, so the court will not compel her to sing at Mr. Menon's concert. The negative promise can be enforced: Mr. Menon may obtain an injunction restraining her from singing at Mr. Iyer's concert during the agreed period (the principle of Lumley v. Wagner).
Decision. Ms. Kavita cannot be compelled to sing at Mr. Menon's concert, but she can be restrained by injunction from singing at Mr. Iyer's concert. Mr. Menon may also claim damages.
Remedies for breach of contract.
- Rescission: the injured party may treat the contract as rescinded, is absolved of his own obligations and may claim compensation (s. 75).
- Suit for damages (s. 73): compensation for loss arising naturally from the breach.
- Quantum meruit: payment for work done, where the contract is discharged and the claimant is not in default.
- Specific performance, where damages are inadequate.
- Injunction, to restrain breach of a negative stipulation.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Specific performance not for personal service; injunction for a negative stipulation | 3 |
| 2 | Application and decision | 2 |
| 3 | Remedies for breach | 4 |
| Total | 9 |
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