Question
Sylvia is an ex model and writes a column every two weeks for an online magazine called Stay in shape. She has a contract for
Sylvia is an ex model and writes a column every two weeks for an online magazine called "Stay in shape". She has a contract for three years.One of the terms of her contract is that her column will be the first story listed in each edition. All of Sylvia's stories are to include a photo of her when she was modelling.
The editor of the online magazine had an exclusive interview with Nicole Kidman, an Australian actor based in Hollywood. Sylvia's column was moved to number three to make room for the interview with Nicole Kidman. There also was a recent photo of Sylvia rather than the younger photo that had been agreed.
When Sylvia saw the published edition she was incensed and complained that "Stay in Shape" had breached her contract and she was now going to write for another online magazine called "50 is the next 40".
The CEO of "Stay in Shape" magazine seeks your advice as to whether Sylvia can terminate the contract as he would like to retain Sylvia's services.
- Has there been a breach of the contract by "Stay in Shape"?
- Does the breach allow Sylvia to terminate the contract and move to the other online magazine?
- Are there any similar cases that assist you in advising "Stay in Shape"?
- If just the recent photo was placed in the column instead of the younger photo and the article was listed at number one could Sylvia terminate the contract?
- If she cannot terminate the contract, what other remedies could Sylvia seek?
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