Saida planned to stage a big band concert and engaged a number of eminent musicians. She paid each musician 10% of the agreed fee at the time the separate contracts were made. Five days before the concert, Saida was informed that three of the musicians Yvonne, Omar and Mike would not appear. Yvonne could not come as she was bed ridden with acute bronchitis. Omar was unable to attend the concert as his country was engaged in war and Mike could not show up because his fees was not large enough. Saida was concerned and feared that the concert would be a failure. Saida therefore decided to cancel the concert. Saida seeks your advice on her legal rights against the three musicians.
Advise Saida. (12 marks)
ANSWER
• This problem is based on remedies for breach of contract and termination of contracts.
• In this case it is apparent that there is a contractual relationship between Saida and the musicians. The respective parties were bound their obligations.
• Five days before the date of performance, the scenario changes as three musicians would not appear for various reasons; Yvonne for acute bronchitis, Omar reason of war and Mike for inadequate remuneration:
As far as Yvonnes reason is concerned, this amounts to incapacity as she cannot sing and the contract is frustrated as neither party is to blame.
With regard to Omar, the war in his country frustrates the contract as it was unforeseen.
Mikes reason for non-appearance is not sustainable as it amounts to anticipatory breach of contract for which Saida has an action in damages.
My advice to Saida is to sue Yvonne and Omar and Mike for the return of the amount paid in advance. This is because under the provisions of the Law Reform (Frustrated Contracts) Act, 1943, when a contract is frustrated any money paid is recoverable.
To sue mike in damages of anticipatory breach of contract. As was the case in Frost V. Knight.