Contract Enforcement

Karen was a student enrolled to undertake an Ayurvedic massage course. The total cost was $14,000.00 over 4 months for the 120-hour course paid in instalments. Karen was particularly keen to do the course as it gave her 20 hours of practical application by acclaimed Master Practitioner Ms Who. Most courses are much less than this but the presence of Master Practitioner Ms Who made the course much more expensive and appealing. Students of the acclaimed Master Practitioner, Ms Who, can, later tell their clients and include this on their resume. When Karen rang to book the course she confirmed that it would be Ms. Who who would be providing 20 hours of practical application.

Karen is really disappointed. Ms. Who only attended on the first day (for 2 hours). She did not provide further practical application and was replaced with Ms. Lucy who does not have the same reputation as Ms. Who.

The next installment for the course is due. Karen does not want to pay for a further installment as she was expecting 20 hours with Ms. Who.

a)Can Karen refuse to proceed with the rest of the contract and avoid further installments of this contract? Explain, using case law, the legal basis upon which Karen can argue rescission