I agree with Hector: an excellent Christmas diversion. which must have taken a lot of work to put together. I would agree with Hector's point about the use of the words 'British court' and 'British law' in the accompanying text (one nation state, 3 legal systems!), though I suspect that, if the facts had come before a Scottish court, even though the theoretical starting point for specific implement is different in Scotland than that for specific performance in England, the result would probably still have been the same, i.e. decree of specific implement would not have been granted (albeit this was not a contract of service, but one of services, so the policy against enforcement seems to me to be weaker) but interdict would have been granted to enforce the negative obligation not to perform for a third party without the written permission of Lumley (the fact that Lumley did not pay the advance he promised would be irrelevant: the defendant's prior anticipatory breach, in agreeing to perform for a third party in breach of her undertaking not to do so, would render Lumley's non-payment of the advance a justified retention and not a breach of contract).

While, I'm here, this is also an amusing Christmas legal diversion, even if not strictly in the obligations line:

https://www.youtube.com/watch?v=bIU4fRwA-xM

Best wishes to all,

Martin

On 6 Dec 2012, at 22:44, Hector MacQueen <hector.macqueen@ed.ac.uk> wrote:

> Excellent! But 'British law'? 'British courts'?
>
> --
> Hector L MacQueen
> Professor of Private Law
> Edinburgh Law School
> University of Edinburgh
> Edinburgh EH8 9YL
> UK
>
> SSRN http://ssrn.com/author=463210
>
> Currently working at the Scottish Law Commission tel: (UK-0)131-662-5222
>
>
> Quoting Andrew Tettenborn <A.M.Tettenborn@swansea.ac.uk> on Thu, 06 Dec 2012 19:43:37 +0000:
>
>> If any member of the ODG would like a pre-Christmas hoot, they could do worse then go to Youtube and watch
>>
>> https://www.youtube.com/watch?v=sTmCaqIgM8s
>>
>> Best wishes
>>
>> Andrew
>> --
>>
>>
>> *Andrew Tettenborn*
>> /Professor of Commercial Law, Swansea University/
>>
>> School of Law, University of Swansea
>> Richard Price Building
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>> SWANSEA SA2 8PP
>> Phone 01792-295831 / (int) +44-1792-295831
>> Fax 01792-295855 / (int) +44-1792-295855
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>>
>>
>> *Andrew Tettenborn*
>> /Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe/
>>
>> Ysgol y Gyfraith, Prifysgol Abertawe
>> Adeilad Richard Price
>> Parc Singleton
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>> Ffôn 01792-295831 / (rhyngwladol) +44-1792-295831
>> Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855
>>
>>
>>
>> *Lawyer (n):*One versed in circumvention of the law (Ambrose Bierce)
>>
>>
>>
>>
>>
>>
>> ***
>>
>>
>>
>
>
>
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> The University of Edinburgh is a charitable body, registered in
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The University of Edinburgh is a charitable body, registered in
Scotland, with registration number SC005336.