Bart is an ex surfing professional and writes a column every two weeks for an online magazine called "The last wave"

He has a contract for three Years.

One of the terms of his contract is that his column will be the first story listed in each edition in which he writes including a photo of himself riding a large wave in Portugal.

The editor of the online magazine had an exclusive interview with Kelly Slater one of the best surfers in the world and decided to list Bart's column at number three to make room for the interview with Kelly Slater.There also was no photo of Bart in the third listed story.

When Bart saw the published edition, he was incensed and complained that "The Last Wave" had breached his contract and he was now going to write for another online magazine called "Summer Never Ends".

The CEO of the "The Last Wave" magazine seeks your advice as to whether Bart can terminate the contract as he would like to retain Bart's services.

a)Has there been a breach of the contract by "The Last Wave"?

b)Does any breach allow Bart to terminate and move to "Summer never ends", the other online magazine?

c)Are there any similar cases that assist you in advising "The Last Wave" online magazine?

d)If just Bart's photo was missing and the article was listed at number one would that make a difference to your answer? Why?

e)If he cannot terminate the contract what other remedies does Bart have?