Blake is an actor/singer who is to play a major role in the musical "Muriel the Mormon".

One of the terms of his 6 month contract is that he will be available to attend a full week's rehearsal before the opening night.

On the Monday, the first day of rehearsals Blake's wife becomes sick and he decides to stay home to look after her.

There is a term in the contract that does allow John Blake to take sick leave for himself but there is nothing else in the contract regarding any other leave. (No award or Fair Work legislation applies as he is a casual employee)

He notifies the musical production company "Tinpot Pty Ltd" that he hopes to be back by the end of the week.

He says he will rehearse the songs while he is at home. Blake's wife remains sick for the whole week.

"Tinpot Pty Ltd" contacts the replacement singer who then comes to the rehearsals. After 4 days of rehearsals Tinpot decides that the new singer is doing a really good job and decides to terminate Blake's contract alleging that he breached his contract by not attending the week of rehearsals. Blake desperately wants to continue in the role for the next 6 months as he has done all the work at home.

Advise Blake

a)Has he breached his contract?

b)If there is a breach of contract? What are the consequences?

c)What would Tinpot Pty Ltd have to establish in order to terminate Blake's contract?

d)Discuss some of the cases that are similar in advising Blake.