Renee, a popular singer, was hired by Smart University to sing at its convocation ceremony.

The term of contract stated that Renee must sing on the convocation day, which will be held

from 10am to 1pm. The term also specified that Renee is required to attend the rehearsal one

day before the ceremony.

Renee failed to attend the rehearsal because she had suffered illness, but she still made

performance by singing during convocation day. Later on, the university repudiated the

contract and refused to pay to Renee.

 

a)Explain Renee whether she has breached the terms of the contract and determine the

effect of a breach of condition or warranty in a contract. (8 marks)

Contract is an agreement which is enforciable by law , or in other language contract is an legal obligations between two parties to from an legal obligation on the other parties it can either be implied or express.

Contract can be in many forms mostly it is in written form where two parties comes together and form an legal relationship through entering an agreement. However contracts could also be verbal a combination there of.

Any act to become an contract should posses the following elements :-

• There should be an offer
• The other party should provide it's acceptance
• Both parties should have an intention to create a legal relationship
• There should be a consideration. ( either money or money equivalents)

After considering all of the above elements any act can be called a contracts.

In the given case the offer has been made to reene which was accepted by her which bounds them legally and the payment consideration is there which makes it a contract. Hence all the conditions of an act that needs to be full filled has been complied with and Renner has performed on the day of convocation which shalle be considered as performing of her duty to full fill the requirement of the contact. Coming a day before the convocation day was just an supporting activity of contract and not the main act , the main was to perform on the day of convocation , due to illness she couldn't attend the early practice sessions which is a genuine reason and is not the main act for which contract has been entered.

So the rennee hasn't breached any term if the contract contract has been performed as it was contracted. Smart University can not due her for that breach of contract.