Which remedy is NOT available in personal service contract disputes?

In personal service contract disputes, the remedy of specific performance is generally not available. Specific performance is a legal remedy that compels a party to execute the specific terms of a contract. In the context of personal service contracts, which often involve an individual’s unique skills or talent – such as employment contracts for actors, musicians, or athletes – forcing someone to perform a specific job is seen as against public policy.

Forcing an individual to work under terms they did not agree to or do not wish to comply with can violate personal rights and freedom. In essence, the law recognizes that unique human skills cannot be compelled, and instead, the enforcement of personal service agreements is typically resolved through monetary damages rather than compelling performance.

Other remedies like unilateral discharge, termination by mutual agreement, or withdrawal by the agent are valid actions that parties may employ to resolve disputes arising from personal service contracts, reflecting the dynamic nature of personal agreements.