Question
Use IRAC to provide a written analysis of the legal position arising from the following (imaginary facts). The Screaming Howlers are a Queensland-based rock band
Use IRAC to provide a written analysis of the legal position arising from the following (imaginary facts).
The Screaming Howlers are a Queensland-based rock band in high demand throughout Australia. Their performance schedule is fully booked a year in advance. A promoter approached them in November 2019 to book them for two performances in Sydney in the second half of 2020. The band's management told him that they were heavily booked, but they had a week free in September. The promoter therefore signed a contract with them to give two performances in Sydney in that free week in September. He sold a lot of tickets in advance and it was looking as if the venture would be very profitable for him (despite NSW Covid-19 restrictions on how many people could attend the performances). However, when September approached, the band's management informed him that they would have to cancel the contract because the Covid-19 restrictions in Queensland meant that if they travelled to Sydney for the gigs, they would have to quarantine for 14 days when they came back to Queensland. Since they had a longstanding booking in Brisbane in the week after the Sydney bookings, they said they couldn't do the performances in Sydney. During the original negotiations of the contract, the promoter became aware that the band was heavily booked, but there was no discussion of any other specific bookings around the September dates. The contract had no provisions for cancellation.
this is my task that I have to respond to. Honestly am pretty stuck on where to start. It is a hypothetical situation so there is no contract that I could revise to make conclusions. Potentially because there was no provisions for cancellation, but verbally was stated how busy they were it may be frustrated? please help!
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