A claim to restrain a franchisor from acting on a purported notice of termination is properly characterised as enforcement of a negative contractual stipulation (that the franchisor will not terminate except on proven occurrence of specified events), not as a claim for specific performance. The 'constant supervision' objection carries diminished weight following Patrick Stevedores, particularly where the injunction is for a limited period and of narrow scope. An automatic termination machinery clause cannot be construed as conferring a unilateral right of termination independent of the substantive conditions for termination. Where a party seeks to amend pleadings alleging fraud during trial, the court may refuse the amendment where the proposed amendments are themselves inadequate and the party cannot demonstrate prima facie evidence supporting the critical allegation.
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