Cecilia is a supermodel in Spain. By the end of 2018, she started to look for collaborations with international fashion brands to expand her popularity and fan base. Younikou, a brand founded in Japan and now centrally managed in the UK, approached Cecilia and offered to make her the celebrity endorser of Younikou. The following terms are included in the endorsement contract.

1. Younikou shall stage a $2 million advertisement campaign showcasing Cecilia as the image representative of Younikou in Europe and the UK.

2. Cecilia must attend all the high priority events held by Younikou and most of the medium priority events. What constitutes a high and a medium priority, however, is left unexplained in the contract.

3. If Cecilia fails to fulfill any of the contractual terms, Cecilia is liable to pay Younikou $107 million in compensation.

Months later, Cecilia became infuriated with how Younikou's constant delays the advertisement campaign and refused to attend any of Younikou's 5 publicity events. Some of these events had been considered as high priority by Younikou though this was not communicated to Cecilia beforehand. Younikou sued Cecilia for $107 million compensation, Cecilia argued that she had only decided not to attend because Younikou had breached the contract first, and the $107 million compensation is extortionary,

Required

(a)Explain to Cecilia her legal position if term (i) is a condition or a warranty. You are required to explain both the situations.

(b)State whether a court of law would uphold the $ 107 million claim by Younikou.