Abstract

https://ssrn.com/abstract=1798987
 


 



Injunctions Enforcing Negative Covenants in Personal Service Contracts: A Critical Assessment of Contemporary Developments


Joellen Riley


The University of Sydney Law School

2009

Presented at Melbourne Law School Remedies Conference, December 11, 2009
Sydney Law School Research Paper No. 11/25

Abstract:     
Once upon a time, it was safe to assume that a court exercising equitable jurisdiction would not enforce a personal services contract in such a way as to preclude a person from pursuing a career indefinitely. The Sonny Bill Williams case (Bulldogs Rugby League Club v. Williams [2008] NSWSC 822) challenged that assumption. How have we reached the point where an injunction – rather than damages – has come to be the customary remedy for certain breaches of service contracts? And is it time for a careful reassessment of fundamental principles, to ensure that Equity is not complicit in attempts to commodify and enslave labour?

Number of Pages in PDF File: 13

Keywords: injunctions, restrictive covenants, employment contracts

JEL Classification: K10, K30, K31


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Date posted: April 1, 2011  

Suggested Citation

Riley, Joellen, Injunctions Enforcing Negative Covenants in Personal Service Contracts: A Critical Assessment of Contemporary Developments (2009). Presented at Melbourne Law School Remedies Conference, December 11, 2009; Sydney Law School Research Paper No. 11/25. Available at SSRN: https://ssrn.com/abstract=1798987

Contact Information

Joellen Riley (Contact Author)
The University of Sydney Law School ( email )
New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0205 (Phone)
+61 2 9351 0200 (Fax)

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