[Solved] Silvio Agreed to Perform as a Cellist with the Moose

Question 43
Multiple Choice

Silvio agreed to perform as a cellist with the Moose Jaw Symphony Orchestra (the MJSO).His contract with the orchestra contained two important clauses.One required him to perform with the MJSO four times per month for three years.The other prohibited him from "acting in any musical capacity for any other employer" during the same perioD.After a short time, Silvio grew dissatisfied with the MJSO.He therefore announced his intention to quit the MJSO and to join the Thunder Bay Orchestra (the TBO).Which of the following statements is TRUE? A.Because Silvio has special skills, a court would certainly grant an order of specific performance to the MJSO. B.Silvio is entitled to quit the MJSO and join the TBO because a contract for personal services can never be subject to specific performance or an injunction. C.A court might grant an injunction to the MJSO to prevent Silvio from performing for the TBO if it is reasonably possible for Silvio to earn a living without violating the terms of his contract. D.Since an injunction is an equitable remedy, such relief is available only if the contract between Silvio and the MJSO was under seal. E.A court would not grant either specific performance or an injunction because the requirement of mutuality could not possibly be satisfied on the facts.

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