Contract; contents; terms; conditions and warranties; breach of contract; remedies; damages.
Facts: Bettini, a singer, contracted to sing for Gye, a promoter, at various events over a 15-week period. It was a term of the contract that Bettini arrive six days before the first engagement and attend rehearsals. Being ill, Bettini arrived late and missed four days of rehearsals. Because of this breach Gye wanted to terminate the future performance of the contract.
Issue: Was the term requiring attendance at rehearsals for six days a condition, breach of which would justify terminating performance of the contract, or a mere warranty?
Decision: The term was a warranty, not a condition, and Gye was not entitled to terminate further performance of the contract in response to Bettini's breach.
Reason: Bettini had been engaged to sing at a number of events over a long period. The requirement of attending rehearsals did not go 'to the root' of the contract because, in view of the number of performances over a long period of time, attendance at initial rehearsals would not vitally affect the whole contract.