LEGAL 240

Week 6 - Performance & Breach: Chapter 8 & Lecture Notes

1) The Hallogens are a legendary rock 'n' roll band. As with many bands, included in their written arena performance contracts is a list of requirements that, if not met, may be a means for the group to cancel the contract and the concert. On August 15, 2021, Lightening Productions, a Seattle, Washington company, executed a contract with the Hallogens for a concert to be performed on December 21, 2021 at Climate Pledge Arena in Seattle. One of the contract provisions stated: The Hallogens require M&M's candy to be provided as part of their catering. However, there shall be no brown M&M's in any bowl in the backstage area. In the event brown M&M's are provided, the Hallogens shall forfeit the show with full compensation. As the day approached, Lightening Productions began making preparations for the concert. On December 21, 2021, the Hallogens' lead guitarist went over to the catering area for some food. In front of him was a big bowl of M&M's, which included the "brown ones." He notified his bandmates and the Hallogens immediately canceled the contract. Lightening Productions sues the Hallogens for breach of contract. What are the legal positions of each party? Focus your answer on how the term in the contract affects performance as well as the importance of the term to breach of contract.