Religiously objectionable contracts
obrien at ACADEM.WVWC.EDU
Tue Apr 29 14:13:53 PDT 1997
Brad Pardee asked:
> What if one of the parties to a contract converts to a new religion after
> signing the contract but before the contract either expires or is
> fulfilled? The hypothetical I have in mind is as follows: Jane Doe, who
> is working as a stripper, signs a contract to star in 5 X-Rated videos.
> After the first two, she attends a Billy Graham crusade and becomes a
> born-again Christian, and as such, chooses not to star in the remaining 3
> videos. Does Jane Doe have any claim that will permit her to live in
> keeping with her new-found faith? Or will the courts say, conversion or
> no conversion, make the videos or be found in breach of contract?
Courts will not require specific performance of personal service contracts:
RESTATEMENT OF CONTRACTS, SECOND, sec. 367: Contracts for Personal
Service or Supervision.
(1) A promise to render personal service will not be specifically
However, it seems to me the court should require money damages sufficient
to hire a replacement and (e.g. if the original party had a following) make
up for lost revenues:
RESTATMENT OF CONTRACTS, SECOND, sec. 360: Factors Affecting Adequacy of
In determining wheher the remedy in damages would be adequate, the
following circumstances are significant:
(a) the difficulty of priving damages with reasonable certainty,
(b) the difficulty of procuring a suitable substitute performance by
means of money awarded as damages.
Robert O'Brien West Virginia Wesleyan
obrien at academ.wvwc.edu
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