Question
how to approach this Torts and contract 2 questions? A charity organises a special fundraising event to be held in a large public entertainment centre
how to approach this Torts and contract 2 questions?
A charity organises a special fundraising event to be held in a large public entertainment centre inSydney.Ticketsare$100eachandthecentreaccommodates2,000people.Thecharity engages Bozo, an experienced clown and circus performer, to provide a full troupe of performers for two hours' entertainment on the evening.Bozo is to receive 30% of the total revenue derived from the ticket sales for the event; the sum is to be paid two days after the performance. Oncethecontractissigned,Bozoexpendsasignificantsum($35,000)inengagingother performers, acquiring costumes, materials etc and rehearsing for the event.Two weeks before the event is to be held, the CEO of the charity phones Bozo and tells him that ticket sales were not as strong as expected; the charity has to cancel their contract with him, to keep costs down. (Youmayassumethatthisisarepudiationofthecontract).TheCEOofthecharityadds, spitefully, 'This is actually a good excuse to cancel your contract anyway -I thought your act was terrible'. Advise Bozo on his right to recover in the following alternative situations:
(a) Bozo accepts that the contract is terminated, but he spends the next three months mired in self-doubt. The CEO of the charity, in a calmer frame of mind, phones Bozo again a fewdayslatertoattempttonegotiateaperformanceatareducedcommission.Bozorejects the offeroutrightand the charitythen cancelsthe fundraisingevent. Bozo also refuses an opportunity to earn $10,000 performing the same act at an interstate football final on the night the charity event was to be held.
(b) Bozorefusestoacceptthatthecontractisterminatedandspendsafurther$5,000 preparing forperformance. The charity continueswith the event, butwithout arranging an alternative form of entertainment. On the night of the event Bozo and his circus troupe attempttosneakintothecentrebutarestoppedbysecurityandpreventedfrom performing
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