Quote:
Originally Posted by atticusgrinch
Yes it's a breach of contract for which compensation would be due. That's it. Even if a court imposed a period of garden leave it would only be short. Levy would take the money.
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1. A court will not grant an order of specific performance requiring Pochetinno to work for Tottenham.
2. A court will not grant an order against United for inducing breach of contract if the effect would be compelling Pochetinno to go back to Spurs.
3. However an injunction against Pochetinno not to work for say a previous top 6 Premier League team might be narrow enough to permit the court to exercise discretion. Unless he is tied to work in England.
4. if you can have a clause permitting a break to work for say Madrid could you have a negative clause preventing work with specific teams?
This is nothing to do with competition but compulsion see Nourse LJ in Warren
This consideration of the authorities has led us to believe that the following general principles are applicable to the grant or refusal of an injunction to enforce performance of the servant's negative obligations in a contract for personal services inseparable from the exercise of some special skill or talent. (We use the expressions “master” and “servant” for ease of reference and not out of any regard for the reality of the relationship in many of these cases.)
In such a case the court ought not to enforce the performance of the negative obligations if their enforcement will effectively compel the servant to perform his positive obligations under the contract. Compulsion is a question to be decided on the facts of each case, with a realistic regard for the probable reaction of an injunction on the psychological and and material, and sometimes the physical, need of the servant to maintain the skill or talent. The longer the term for which an injunction is sought, the more readily will compulsion be inferred.
Compulsion may be inferred where the injunction is sought not against the servant but against a third party if either the third party is the only other available master or if it is likely that the master will seek relief against anyone who attempts to replace him. An injunction will less readily be granted where there are obligations of mutual trust and confidence, more especially where the servant's trust in the master may have been betrayed or his confidence in him has genuinely gone.