Religiously objectionable contracts

[Robert O'brien]

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
enforced.

 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
Damages.
        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
College
obrien at academ.wvwc.edu