Ishan Singh
“Make that move right now, baby. You only go out once in a lifetime.”[1] Make That Move was one of many hit songs by Shalamar before the group broke up. Shalamar was made up of Howard Hewett, Jody Watley, and Jeffrey Daniel.[2] Shalamar’s origins trace back to Soul Train and eventually operated under Dick Griffey’s SOLAR Records.[3] In 1983, the group broke up over multiple issues, including creative control, favoritism, pay, and relationships.[4] Hewett, Watley, and Daniel were still under contract for several years, which would amount to another album for SOLAR Records.[5] Watley and Daniel decided to move to the United Kingdom.[6] Hewett fulfilled his contract with SOLAR Records.[7] Interestingly, Watley was able to negotiate a settlement that ended her obligations with SOLAR Records.[8]
Watley’s situation highlights a gap in international law concerning the American contract law system. The shield and negotiating tactic for Watley is contract impracticability and her international status.
Contract impracticability originates from contract impossibility, a common law doctrine that excuses performance of the contract when it is impossible to be performed.[9] Here, Watley’s performance is impossible because she lived in the United Kingdom at the time. Additionally, a potential judicial order not to contract with another record company would be pointless since an American court does not have jurisdiction in the United Kingdom. In fact, Watley recorded with other artists while in the United Kingdom.[10] Although Watley allegedly breached the contract, and the doctrine of impracticability is difficult for her to prove, it is not a foregone conclusion that she will lose. Watley could argue that the purpose of the contract to create albums for Shalamar could no longer be fulfilled. She could point to the environment that Griffey created with issues such as creative control, favoritism, and pay.[11]
Assuming SOLAR Records could show that Watley breached the contract and beat the defense of contract improbability, Watley’s international status creates a shield and was likely a motivating factor for the settlement between the two parties. Here, Watley exposes a gap in international contract law enforcement. A treaty between the United States and the United Kingdom does not exist to enforce American contract judicial orders. Even if SOLAR Records had a judgment, it would likely be an injunction to prevent Watley from performing since American courts are unlikely to force performance.[12] Additionally, the judgment would be meaningless given her status in the United Kingdom. In the case of SOLAR Records, their attorneys likely understood that Watley was not going to perform based on the fallout with Shalamar, and any potential judgment would be worthless to the record company. A settlement likely provided the best outcome for SOLAR Records and Watley. Additionally, Daniel serves as the counterfactual to the Watley settlement. Had SOLAR Records not made a deal with Watley, she would have likely spent the rest of the contract term in the United Kingdom.
In the end, Hewett, Watley, and Daniel had successful careers after the falling out of Shalamar. Hewett became a solo artist and had successful albums in I Commit to Love and Howard Hewett.[13] Daniel worked as a choreographer for Michael Jackson.[14] In Watley’s case, upon return to the United States, her album Jody Watley was Billboard’s number 1 R&B album.[15] Watley embraced her creative talents and used the gap in American contract law in relation to international law to enhance her position as an artist. The lack of enforcement for contracts between the United States and the United Kingdom allowed Watley to tell SOLAR Records, “Hasta la vista, baby.”[16]
[1] UnidiscMusic, Shalamar – Make That Move (Rhythm & Blues Awards), (YouTube, Feb. 11, 2013), https://youtu.be/-VVaJYiOR2c?si=VaLfF1yN__pOCTm0.
[2] Shalamar, Spotify, https://open.spotify.com/artist/3REpOYo13YkVj1dFzda12A (last visited Oct. 11, 2025).
[3] Id.
[4] Stu Black, She Took the Soul Train to Stardom: Once a Voice in the Background, Jody Watley Has Burst Onto the Pop Charts in Her Own Right, L.A. Times (Dec. 13, 1987), https://www.latimes.com/archives/la-xpm-1987-12-13-tm-28307-story.html; Gina Sedman, Straight Out of Shalamar! Howard Hewett, Still Making People Feel Good With His Mesmerizing Voice!, Indie Post Mag., https://www.theindieposts.com/spotlight-covers/howard-hewett-interview (last visited Oct. 21, 2025).
[5] Black, supra note 4; Sedman, supra note 4.
[6] Craig Seymour, Mixmag is 40: An interview with our first ever cover star, Shalamar, MixMag (Mar. 17, 2023), https://mixmag.net/feature/shalamar-mixmag-40-cover-anniversary-interview-jeffrey-daniel; Black, supra note 4.
[7] Sedman, supra note 4.
[8] Black, supra note 4.
[9] 30 Williston on Contracts § 77:1 (4th ed.)
[10] Anthology Musical Youth, AllMusic, https://www.allmusic.com/album/anthology-mw0000111294#credits (last visited Oct. 11, 2025).
[11] See Aaron J. Wright, Rendered Impracticable: Behavioral Economics and the Impracticability Doctrine, 26 Cardozo L. Rev. 2183, 2190 (2005); Black, supra note 4; Sedman, supra note 4.
[12] See 42 Eng. Rep. 687 (Ch. 1852); Dallas Cowboys Football Club, Inc. v. Harris, 348 S.W.2d 37 (Tex. Civ. App. 1961); Sharon F. Carton, Damning with Fulsome Praise: Assessing the Uniqueness of an Artist or Performer As A Condition to Enjoin Performance of Personal Service Contracts in Entertainment Law, 5 Vill. Sports & Ent. L.J. 197, 201 (1998).
[13] Biography, Howard Hewett, https://www.howardhewettmusic.com/bio (last visited Oct. 21, 2025).
[14] Seymour, supra note 6.
[15] Explore Jody Watley, Billboard, https://www.billboard.com/artist/jody-watley/chart-history/blp/ (last visited Oct. 21, 2025).
[16] Jody Watley, Jody Watley – Looking For A New Love, (YouTube, Jun. 16, 2009), https://www.youtube.com/watch?v=YQL-B3PNkeI.