First Principles of Business Law

Question 3.

Sunny says that she does not want to perform in the show. She argues that, as an alternative to relying on a breach of contract, the changed circumstances would justify treating the contract as frustrated. Which of the following statements best indicates whether or not Sunny will succeed in this argument?

 (a) Although the show can only go ahead with another singer (Bruce Smith) taking the male lead role, the contract cannot be treated as frustrated because the production can take place in much the same way as if Georgie Ripper was taking part.

(b) The show can only go ahead with another singer (Bruce Smith) taking the male lead role. Without Georgie Ripper the production is going to be substantially different from was originally envisaged, and the facts do not suggest that Sunny and Tyler intended to remain contractually bound by their contract in such circumstances.

(c) The show can only go ahead with another singer (Bruce Smith) taking the male lead role. Without Georgie Ripper the production is going to be substantially different from was originally envisaged, but the facts indicate that Sunny and Tyler intended to remain contractually bound by their contract even in such circumstances.

Quit the case study