Chapter 16 Assignment - Case 16.6 – Injunction Question 1...

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Kathleen Basurto 4/19/2016 Business Law-2211-NET04 Instructor – Susan Horn Case 16.5 – Specific Performance Question 1: Is Specific Performance an appropriate remedy in this case? Yes. Specific Performance is an appropriate remedy in this case. Although there was no indicated date of completion on the contract, the joint venture was entered into with a specific task, that Avon, Inc. manufacture the fragrances, toiletries and cosmetics with the Liz Claiborne brand. The joint venture was beneficial to both parties both financially and by brand building. When Avon refused to continue manufacturing product for Liz Claiborne, there was a high risk of brand damage to Liz Claiborne. Since there was no real way to be able to compensate Liz Claiborne for monetary damages due to the uniqueness of the agreement, the court found in favor of Liz Claiborne and ordered Avon, Inc. to comply with the contract.
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Unformatted text preview: Case 16.6 – Injunction Question 1: Is an Injunction an appropriate remedy in this case? In this case, an Injunction is not an appropriate remedy. Beverly Glen initially sought an injunction against Anita Baker in order to prevent her from performing with Warner. The courts denied the injunction because it violated the Thirteenth Amendment’s prohibition of involuntary servitude. A person cannot be forced to perform a personal service either by injunction or enforcement of a contract. It was at that point that Beverly Glen decided to seek an injunction against Warner in order to prevent them from representing Baker. The court found that this was a back door way of having an injunction against Baker and that it was too harsh to deny Baker of her livelihood in order to force her to go back to Beverly Glen....
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