Entered according to Act of the Parliament of Canada, in the year one thousand eight hundred and ninety-four, by THE CARSWELL Co. (Limited), in the office of the Minister of Agriculture. 91921 TIBKYBA THE CANADIAN LAW TIMES. JANUARY, 1894. SPECIFIC PERFORMANCE OF CONTRACTS FOR CONTINUOUS PERSONAL RELATIONS.* IN N the early days of the Court of Chancery it did assert a jurisdiction to order the specific performance of contracts for the maintenance of a continuous personal relation, such, for example, as the relationship between master and servant; but the courts now, as a general rule, no longer attempt, or at any rate are very loth to attempt to enforce the continuance of such a relationship, or of any other relationship which is based upon the existence of mutual confidence and trust. Sir George Jessel, M.R., deals with the matter as follows:-" A dozen people may agree to meet and play whist at each others' houses for a certain period, and if eleven of them refuse to associate with the twelfth any longer, I am not aware that there is any jurisCourt of Justice in this country to interfere. diction in any Or a dozen or a hundred scientific men may agree with each other in the same way to meet alternately at each others' houses, or at any other place where there is a possibility of their meeting each other; but if the association has no property and takes no subscriptions from its members, I cannot imagine that any Court of Justice could The following article consists of extracts from lectures on Specific Performance, delivered before the Students of the Law School, at Osgoode Hall, Toronto. VOL. XIV. C.L.T. 1 |