Question
Bettini entered a contract with the Vancouver Opera Company under which he agreed to perform for the company twice a month for one year. A
Bettini entered a contract with the Vancouver Opera Company under which he agreed to perform for the company twice a month for one year. A term in the contract required Bettini to arrive in Vancouver at least three days before each performance to attend rehearsals. As a seasoned professional, however, he believed that he did not need that much rehearsal and he therefore arrived only one day before his first scheduled performance. The director of the opera company was furious and tried to discharge the agreement on the basis that Bettini had committed a serious breach of the contract.
Was the director entitled to do so?
Would your answer be the same if Bettini had arrived as scheduled for the first 10 performances, but had arrived only one day before the eleventh?
Would your answer be different if Bettini was not a seasoned professional, but rather a novice?
Is the Opera Company entitled to cancel its contract with Bettini?
Assume:Time is of the essence under the contract. Therefore, Bettini is in breach of the contract.
Explain your answers (Under Canadian Law).
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