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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 by 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 by reason of
war and Mike for inadequate remuneration:
As far as Yvonne's 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.
Mike's 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.
maurice.mutuku answered the question on April 27, 2018 at 11:49
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