Generally an injunction will not issue to restrain the breach of a contract for personal services unless the services are of a peculiar merit or character and cannot be performed by others.
§ 9-5-7.When breach of contract for personal services enjoined
Chapter 5. Injunctions · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section states the general rule against enjoining the breach of a contract for personal services, allowing that remedy only in the narrow case where the services are of a peculiar merit or character that no one else could ever perform.
Full Text of § 9-5-7
Plain-English Summary
If someone walks away from a contract to provide personal services, the wronged party usually cannot force performance through an injunction. This section explains why courts hold back: forcing a person to keep working for someone else looks too much like compelled labor, and money damages can usually fill the gap by paying for a substitute.
The exception is narrow. When the services are of a peculiar merit or character — skills or talents that cannot be duplicated by hiring someone else — an injunction becomes available. The idea is that no amount of money can replace what was promised if the person performing it is truly irreplaceable.
This section does not touch a plaintiff’s right to sue for damages when a personal-services contract is broken; it only limits the injunction remedy. A party who cannot meet the “peculiar merit or character” standard is not without a remedy — just without this particular one.
Frequently Asked Questions
Will a Georgia court generally order someone to perform a personal-services contract through an injunction?
No. The section states that generally an injunction will not issue to restrain the breach of a contract for personal services.
What exception does this section recognize?
An injunction may issue where the services are of a peculiar merit or character and cannot be performed by others.
What might qualify as services of “peculiar merit or character”?
The section does not list examples, but the phrase points to services that depend on the unique skill or talent of a particular person, such that no substitute could provide them.
Why are personal-services contracts treated differently from other contracts when it comes to injunctions?
The text does not state a reason, but the rule reflects the practical difficulty and discomfort of ordering one person to keep performing services for another against his will.
Does this section eliminate a damages remedy for breach of a personal-services contract?
No. The section addresses only the availability of an injunction; it does not affect a party’s ability to pursue damages for breach.
Amendment History
Civil Code 1895, § 4919; Civil Code 1910, § 5496; Code 1933, § 55-107.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia injunction personal services contractenjoin breach of contract georgiaunique services injunction georgiaspecific performance personal services georgia