Question
Hi! In regards to LLB300 at UOW, which is civil remedies, i was just wondering if you can help me out with a basic direction
Hi! In regards to LLB300 at UOW, which is civil remedies, i was just wondering if you can help me out with a basic direction of what key concepts and remedies I should be talking about in this problem question:
Telview Ltd (Telview) is a pay television operator in Australia and New Zealand. It is a successful business currently achieving annual growth in both subscription and other revenues exceeding 10% per annum, largely because it has concentrated its programming on sports broadcasting.
In 2019 Telview entered into a contract with EUFA to have the exclusive pay television broadcasting rights for Australia and New Zealand for European football competitions for five seasons commencing 2020 / 2021. The competitions covered by the contract include the Champions League and the European Cup, and Telview has the right to broadcast (live or on delay at the option of Telview) all matches in those competitions. EUFA has retained the right to further sell rights to broadcast some of the matches on free to air television or through internet services provided that no such broadcast can occur prior to Telview's broadcast of those matches. Telview has as required by the contract paid an initial fee to EUFA to secure the rights with further payments to be made each year. The contract contains an option in Telview's favour for a 5 year extension, subject to it meeting some performance targets.
Telview has been actively preparing to make these broadcasts one of its premier promotions. It has secured four major sponsors ( a brewer, an airline, a fast food chain and a car maker) for its broadcasts of these competitions and engaged two legends of European football to join its regular commentary team for them. It has been marketing viewer subscriptions including these competitions aggressively and successfully to date and anticipates that the new subscription rate will continue to increase in the lead up to the 2020/2021 season. Over 70% of the advertising time during the broadcasts has been sold, and negotiations for the remaining time are close to a successful conclusion. The investment by Telview in both the contract and the facilities to exploit it has been the largest it has ever made. However at this time all indications are that it will be highly profitable and will form the basis for substantial growth in Telview's business over the period of the contract. In addition, if they meet the criteria for the 5 year extension profit in that time will be much greater given that they will have already have made the initial capital investment in the first 5 year period
During a planned meeting with EUFA last month to update preparations for the forthcoming seasonEUFA requested Telview to vary the terms of the contract. In essence EUFA wanted Telview to permit it to sell the rights to broadcast all matches over the internet live, whether or not Telview was broadcasting any such game at any time. Telview considers that the current position where no other broadcast can occur before its broadcast of any match is of particular value and declined.
Telview has now received a document titled "Notice of Termination" from EUFA, in which it is advised that the contract has been terminated effective immediately, and that a transfer of funds in repayment of the initial fee Telview paid to EUFA will be made to Telview's Bank account within 28 days. No reasons for the purported termination have been given, and EUFA will not accept or return Telview's calls or emails to attempt to discuss the matter.
You are required to advise Telview of all possible remedies that may be available to
- Telview arising from the notice it has received from EUFA
You may assume that the evidence will establish these wrongs to the relevant standard. Ensure that you canvass all of the remedial options available, noting any difficulty that each party may face in obtaining such remedies. You should indicate any need by any party to elect between identified remedies and ultimately recommend an appropriate course to pursue.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started