Question
Marcus has contracted to charter a group of 50 people to an all expenses 'Cross the sea to Swiftie' trip. Each person paid $1500 for
Marcus has contracted to charter a group of 50 people to an all expenses 'Cross the sea to Swiftie' trip. Each person paid $1500 for a flight to Melbourne, two nights accommodation, a ticket to the Saturday night Taylor Swift concert and a tour of the Botanical Gardens on Sunday. The offer is sold out weeks ahead and Marcus is on track to make a good profit. Three days before the Saturday concert, the concerts are cancelled due to the singer's illness.
Marcus argues that there are no refunds to be made due to a clause in the contract which says "in the event the main event is cancelled or postponed, you will receive a refund on your ticket cost once refunded from the tour promotor. All other expenses will be incurred as the tour will still go ahead."
Sandra, has bought one of the tickets and wants all of her money back as she was only going to see Taylor. She wants to argue that the contract requires strict or exact performance of the condition that the Swift concert is a critical term. Advise Marcus
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