REVISION PROBLEM TWO

Tyson, a concert promoter, is promoting an Australian production of the musical show Galaxy Star. Simone, a young singer aged 18, attends an audition in Melbourne for the part of Zelda, the lead female role. Even though she is a talented singer, she has never been signed up for any role in any show. Tyson is aware that this is Simone's first show and she is quite anxious about playing the lead female role. Tyson tells Simone: "Ours will be a first-class production. We are in the process of signing George Romans, the famous American singer, for the male lead role. The show will be well advertised and will draw huge audiences."

After the audition, Tyson offers Simone the part of Zelda. Simone asks: "Are you sure that George will take part?"

Tyson replies: "As far as we can tell, he is very interested."

Simone then signs a contract to play the part of Zelda for a 2% share of the ticket sales. The contract contains all the usual terms for a contract of this type but does not mention George Romans. Tyson pays Simone a $5,000 advance on her earnings but with a condition that she stays in the production for two years with no bonuses.

One week later, George Romans informs Tyson that he has decided against taking a part in the Australian show because he has been very unwell, and his specialist has advised him not to work and travel to Australia. Tyson tells his Australian performers that Bruce Slim, a local singer, will now play the male lead and that the production will have to be considerably scaled down. This is bound to have an impact on the success of the show.

Simone is disappointed and tells Tyson that she no longer wants to play the role of Zelda, but Tyson insists that she is contractually bound to perform.

Simone was very upset and on her way home, she stops by electronic shop to spend the $5,000 she has received in advance from Tyson. She buys a large 75" television and the sales assistant tells Simone that she has made the right choice. A week later, the television stops working, and she is furious. When she rings up the shop to complain about the faulty television, the sales assistant reminds her that they are not liable for any goods that have been sold under any circumstances.

Use only common law and/or equitable principles to answer questions 1 to 3. Do not use legislation.

1. If Simone refused to attend rehearsals or do any performances, can Tyson sue Simone to enforce the contract, would a court order Simone to perform the part of Zelda in the show?

2. Can Simone argue that the contract has been frustrated? If so, what would happen?

3. Can Simone argue that the contract is voidable on grounds of unconscionable conduct?

Use only legislation (and any relevant cases) to answer questions 4 to 6. Do not use common law and/or equitable principles.

4. Would Simone be considered a 'consumer' in the sale of the television under the Australian Consumer Law?

5. Would the exclusion clause exclude the electronic shop from liability for breach of a statutory guarantee under the Australian Consumer Law?

6. Has the electronic shop breached any relevant statutory guarantee under the Australian Consumer Law?