Background
Davis, an American actress, had forged a film career in the United States. She signed a contract with Warner Bros. which was expressed to last for 52 weeks, but which was renewable for a further 52 weeks at the option of Warner Bros. Under the terms of that contract she was exclusively contracted to Warners Bros. and was precluded from performing for any other person.
Convinced that her career was being damaged by a succession of mediocre films, Davis accepted an offer in 1936 to appear in two films in Britain. Knowing that she was breaching her contract with Warner Bros., she fled to Canada to avoid legal papers being served on her in the United States. Eventually, Davis was sued in the English courts. [2] She later recalled the opening statement of the barrister, Sir Patrick Hastings KC, who represented Warner Bros. that urged the court to "come to the conclusion that this is rather a naughty young lady, and that what she wants is more money". He mocked Davis' description of her contract as "slavery" by stating, incorrectly, that she was being paid $1,350 per week. He remarked, "If anybody wants to put me into perpetual servitude on the basis of that remuneration, I shall prepare to consider it." The British press offered little support to Davis, and portrayed her as overpaid and ungrateful. [3] Davis was represented by Sir William Jowitt KC.
Davis explained her viewpoint to a journalist: "I knew that, if I continued to appear in any more mediocre pictures, I would have no career left worth fighting for." [4] Her counsel presented the complaints – that she could be suspended without pay for refusing a part, with the period of suspension added to her contract, that she could be called upon to play any part within her abilities, regardless of her personal beliefs, that she could be required to support a political party against her beliefs, and that her image and likeness could be displayed in any manner deemed applicable by the studio. Jack Warner testified, and was asked: "Whatever part you choose to call upon her to play, if she thinks she can play it, whether it is distasteful and cheap, she has to play it?". Warner replied: "Yes, she must play it." [5]
Decision
The case was adjudicated by Branson J in the High Court. After outlining the facts, the court noted that this was the second such contract that Mrs Nelson (as she was referred to in the judgment) had signed, and that it was at considerably increased remuneration, and that the rate of remuneration increased with each passing week under the terms of the contract. The contract also contained a provision that if Mrs Nelson refused to perform for any period, then the period of the contract was extended for a like period (clause 23).
The court held as a fact that "for no discoverable reason except that she wanted more money, [she] declined to be further bound by the agreement, left the United States and, in September, entered into an agreement in this country with a third person." [6] It went on to hold "This was a breach of contract on her part".
The court noted that it had been heavily argued by her counsel that this was restraint of trade, although this has not been raised in the pleadings. The court nonetheless held that the contract was not in breach of the law relating to restraint of trade. The court noted that a similar contract had been upheld in Gaumont-British Picture Corporation v Alexander [1936] 2 All ER 1686.
Having decided that the court affirmed it usual practice - that it would not order specific performance of a personal service. [7] The court then considered at great length the limits of what it could grant either by way of positive or by negative injunction. It would not force her by injunction to serve out her contract ("That the Court never does." [8] ). Accordingly the court limited itself to injuncting Mrs Nelson from performing those services for any other person in breach of her contract. The court rejected the argument that, because she could never earn as much doing anything else, this effectively forced her to perform her contract indirectly and was thus contrary to the law. In this respect, the court followed the precedent in Grimston v Cunningham [1894] 1 QB 125.
The Court limited the length of the injunction to a period of three years. Finally, the Court limited the scope of the injunction such that it only applied within the jurisdiction of the Court. Accordingly, if Mrs Nelson was to have performed overseas, that would not breach the order of the Court. However, she might expose herself to further legal process elsewhere.
Warner Bros. Entertainment Inc. is an American film and entertainment studio headquartered at the Warner Bros. Studios complex in Burbank, California, and a subsidiary of Warner Bros. Discovery. Founded in 1923 by four brothers: Harry, Albert, Sam, and Jack Warner, the company established itself as a leader in the American film industry before diversifying into animation, television, and video games and is one of the "Big Five" major American film studios, as well as a member of the Motion Picture Association (MPA).
Ruth Elizabeth "Bette" Davis was an American actress whose career spanned more than 50 years and more than 100 films and TV shows. She was noted for playing groundbreaking unsympathetic, sardonic characters, for pioneering female villainy in motion pictures, and was famous for her performances in a range of film genres, from contemporary crime melodramas to historical films, suspense horror, and occasional comedies, although her greater successes were in romantic dramas. A recipient of two Academy Awards, she was the first thespian to accrue ten nominations.
Watch on the Rhine is a 1943 American drama film directed by Herman Shumlin and starring Bette Davis and Paul Lukas. The screenplay by Dashiell Hammett is based on the 1941 play Watch on the Rhine by Lillian Hellman. Watch on the Rhine was nominated for the Academy Award for Best Picture and Paul Lukas won the Academy Award for Best Actor for his performance as Kurt Muller, a German-born anti-fascist in this film.
Jack Leonard Warner was a Canadian-American film executive, born in Canada, who was the president and driving force behind the Warner Bros. Studios in Burbank, California. Warner's career spanned some 45 years, its duration surpassing that of any other of the seminal Hollywood studio moguls.
Now, Voyager is a 1942 American drama film starring Bette Davis, Paul Henreid, and Claude Rains, and directed by Irving Rapper. The screenplay by Casey Robinson is based on the 1941 novel of the same name by Olive Higgins Prouty.
Juarez is a 1939 American historical drama film directed by William Dieterle. The screenplay by Aeneas MacKenzie, John Huston, and Wolfgang Reinhardt is based on the 1934 biography The Phantom Crown by Bertita Harding and the 1925 play Juarez and Maximilian by Franz Werfel.
The Great Lie is a 1941 American drama film directed by Edmund Goulding, and starring Bette Davis, George Brent and Mary Astor. The screenplay by Lenore J. Coffee is based on the novel January Heights by Polan Banks.
Waterloo Bridge is a 1931 American pre-Code drama romance war film directed by James Whale and starring Mae Clarke and Kent Douglass. The screenplay by Benn Levy and Tom Reed is based on the 1930 play Waterloo Bridge by Robert E. Sherwood.
This is a complete filmography of Bette Davis. Davis began acting in films in 1931, initially as a contract player with Universal Studios, where she made her film debut in Bad Sister. She was initially seen as unappealing by studio executives, and was assigned to a string of B-movies early in her career.
Thank Your Lucky Stars is a 1943 American musical comedy film made by Warner Brothers as a World War II fundraiser, with a slim plot involving theater producers. The stars donated their salaries to the Hollywood Canteen, which was founded by John Garfield and Bette Davis, who appear in this film. It was directed by David Butler and stars Eddie Cantor, Dennis Morgan, Joan Leslie, Edward Everett Horton and S.Z. Sakall.
The Man Who Played God is a 1932 American pre-Code drama film produced by Darryl F. Zanuck and directed by John G. Adolfi. George Arliss stars as a concert pianist embittered by the loss of his hearing, who eventually finds redemption by helping others; it also features a then little-known Bette Davis as the much younger woman engaged to the protagonist.
Bordertown is a 1935 American drama film directed by Archie Mayo and starring Paul Muni and Bette Davis. The screenplay by Laird Doyle and Wallace Smith is based on Robert Lord's adaptation of the 1934 novel Border Town by Carroll Graham. The supporting cast features Margaret Lindsay, Eugene Pallette and Robert Barrat. Although the films They Drive by Night (1940) and Blowing Wild (1953) are not specifically remakes of Bordertown, they include many of its plot elements and similar scenes.
The Sisters is a 1938 American drama film produced and directed by Anatole Litvak and starring Errol Flynn and Bette Davis. The screenplay by Milton Krims is based on the 1937 novel of the same title by Myron Brinig.
Of Human Bondage is a 1946 American drama film directed by Edmund Goulding. The second screen adaptation of W. Somerset Maugham's 1915 novel, this Warner Bros. sanitized version was written by Catherine Turney. The central characters are Philip Carey, a clubfooted medical student, and Mildred Rogers, a low-class waitress with whom he becomes obsessed.
The Golden Arrow (1936) is an American comedy film directed by Alfred E. Green and starring Bette Davis and George Brent. The screenplay by Charles Kenyon is based on a story of the same title by Michael Arlen published in the September 14, 1935 issue of Liberty.
Winter Meeting is a 1948 American drama film directed by Bretaigne Windust and starring Bette Davis and Jim Davis. The screenplay, based on the novel of the same name by Grace Zaring Stone, was written by Catherine Turney.
The Man Who Came to Dinner is a 1942 American screwball comedy film directed by William Keighley, and starring Bette Davis, Ann Sheridan and, as the title character, Monty Woolley. The screenplay by Julius and Philip G. Epstein is based on the 1939 play The Man Who Came to Dinner by Moss Hart and George S. Kaufman. The supporting cast features Jimmy Durante and Billie Burke.
The Little Foxes is a 1941 American drama film directed by William Wyler. The screenplay by Lillian Hellman is based on her 1939 play The Little Foxes. Hellman's ex-husband Arthur Kober, Dorothy Parker and her husband Alan Campbell contributed additional scenes and dialogue.
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1997] UKHL 17 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract.
Comet over Broadway (1938) is an American film starring Kay Francis and released by Warner Brothers. John Farrow stepped in as director when Busby Berkeley became ill, but Farrow was uncredited on the film.
