CONTRACT VITIATING FACTORS

Contract - Vitiating Factors Bobbie is 16 and determined to become a professional pop singer and guitarist. To that end, Bobbie joins three other musicians who are in their 20s and together they form a group called Smooth- hound. While awaiting discovery, the members of the group support themselves by working. The older members are all engaged in banking and finance while Bobbie has a job in retail for which she is paid the minimum starting wage. As Bobbie only works 15 hours a week, being still at school, this means she earns $226.80 per week. In five months' time, when Bobbie will have completed 6 months' employment, it will rise to $283.50 per week. From this amount, Bobbie has to pay $50.00 per week rent and board to her parents, and a further $21.44 for transport and buying clothes, etc. The other members of the group suggest that Bobbie needs a better instrument than she has at present. Bobbie selects a Schecter C1 APOCALYPSE Electric Guitar which costs $2,295.00 and signs a contract to purchase it over 52 weeks at $54.22 per week, at a total cost of $2819.44. The group has been booked to play at a local bar for a fee of $1,500.00 and the owners of the bar get the group to sign a contract under which the group is liable for any damage done should the group's playing cause the clientele to get out of hand or should the clientele become overexcited for any reason. The group plays as agreed and inspired by her new instrument, Bobbie gets the room really jumping with the result that at the end of the session the group, rather than receive their fee, are presented with a bill for $10,000.00 to pay for damage done. Bobbie is now seriously considering a change of career and wishes to get out of the contracts to purchase the guitar and the booking under which she is required to pay her share of the $10,000.00. Required: On the basis of the Contract and Commercial Law Act 2017 Part 2 Subpart 6 and relevant cases, advise Bobbie on whether she would be held liable under the contract to purchase the guitar, or, under the terms of the booking, to pay for damage to the bar