Question
This is an issue involving Mario, an up-and-coming art gallery owner. Mario received a phone call from his good friend Peach. Peach had been hired
This is an issue involving Mario, an up-and-coming art gallery owner. Mario received a phone call from his good friend Peach. Peach had been hired by the Vancouver Art Gallery to paint ten unique pieces of art which would be displayed there. The title of the ten pieces was "Urban Gardens" and was meant to highlight some of the ways in which urban gardening occurs throughout the city. Peach was delighted with the idea and agreed to paint the ten pieces of art. A term in the contract also required Peach to attend the Vancouver Art Gallery eight times over the course of the next six months to meet with VIP members of the art gallery. When it came time for Peach to attend the first VIP event, she called up the art gallery and informed them that she wasn't coming because her time was better served working on the art. In fact, she advised the gallery that she would not be attending any of the VIP events before she had finished painting the collection. Mr. Kong, the executive director of the Vancouver Art Gallery, is furious and he tells Peach that the contract is over because she is in breach. Based on the specific facts, is the Vancouver Art Gallery entitled to discharge the contract based on the breach? Explain and apply the full legal test to determine if discharge would be permitted. (6 marks)
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