1. An agreement between two or more parties creates a mutual obligation which is being enforceable by law. The terms and conditions given in the contract need to be followed by both the parties. Both the parties are responsible for carrying out their activities as per the agreement. The law assists in governing, enforcing and interpreting the agreement associated with the exchange of products, services, money or properties. There should be no misrepresentation and mistakes in the contract.
A breach can occur where the performance is incomplete, incorrect and not carried out as per the terms and conditions. The breach of the terms and conditions means the breaching party is liable to pay the damages and the non-breaching party can claim the damages. The breach should undermine the substantial part or whole part of the contract to discharge the contract. The parties involved in the agreement can take legal actions as per the contract law. The court has the right to make the decisions which are to be followed by both the parties.
Elton refused to schedule new data and asked for the balance payment of his fee. KPI requests Elton to return the advance amount of $50000 as he will not be performing. According to the contract law, Elton can refuse to perform on new date and demand for the balance payment. KPI and Elton had entered into the contract which means they have to follow the law. Elton was ready to perform but the concert cancelled which is not his fault. Elton will not bear the loss and can take legal actions against KPI as per the contract law. If KPI refuses to pay then it would be considered as the breach of contract. There was no clause that if the concert does not occur then Elton has to perform in a new date and return the balance amount. According to the contract law, Elton can claim for the balance payment and may refuse to perform on a new date.
KPI told MLH that the facility will not be required and request for the rental deposit and amount of $500000 in damages for the breach of contract. The return of the deposit was refused by MLH stating the contract is frustrated. KPI cannot ask to refund the rental deposit because the contract is frustrated. MLH has also not breached the contract as per the contract law. The contract will not be carried without the fault of any party because of the unforeseen event. The contract is being terminated because it is frustrated as per the contract law. The contract is not considered to be void and future obligations only are discharged. The facility was damaged due to large fire which is considered to be an unforeseeable event. KPI has no right to ask for the rental deposit and claim for the damages. MLH can take legal actions against KPI as per the contract law.
The case is to be judged as per the contract laws and regulations. Each and every party in the case has to follow the law in an appropriate manner. Elton has the right to refuse for doing the concert on the new date and can ask for the balance fee payment. On the other hand, MLH can refuse to return the deposit money because the contract is being frustrated. The unforeseen circumstances led to the frustration of the contract.
2. The parties involved in the agreement need to follow the contract law. The breaching of the contract means that remedies are available for the non-breaching party. The damages are considered to be the money award which is intended for compensating the injured party for the occurrence of losses caused by the breach. The loss incurred due to the breach should be within the predictable limits of expectation of the parties as a likely result of the failure of performance. Due to the breach of contract, a party suffering from the damages is expected to do things which can assist to decrease the losses.
There are rules and regulations for minor under the contract law. The minors can enforce contracts only for the necessaries; contracts are being voidable at the incompetent option, incompetent individual can enforce contract, incompetent wants to repudiate the contract then they should promptly act upon incapacity or it will loss of privilege and if the incompetent has accepted the contract benefit then they would be unable to repudiate.
LVP requested an injunction prohibiting Elton to leave on 28 November from Las Vegas and also ordered Elton to perform on November 29 in Las Vegas. Las Vegas Productions can take legal actions against Elton for leaving and not performing a concert in Las Vegas. The agreement clearly depicted that a concert is scheduled on29 November which need to be followed by both the parties. The contract was enforced between both the parties. Elton is 16 years old and the contract law for minors would be applicable. The contract cannot be considered as the voidable contract. Elton can refuse the contract if it is beyond its capability or privileges have been lost. Elton is making choices of his own against the contract which is unlawful. Apart from this, Elton has also accepted the benefit in the form of fee payment for the concern and he cannot avoid the contract. LVP can take legal actions Elton as per the contract law for breaching the contract.
Las Vegas Productions has also requested an injunction prohibiting Elton to perform on 1 December in St. Catharines. Elton is on vacation under the terms of the contract and he cannot perform a concert in other places. The agreement depicted that he is in the vacation and he is breaching the contract by informing that would perform a concert in St. Catharines. LVP can take legal actions for breaching the contract against Elton as per the law. Remedies are available for Las Vegas Productions for the damages incurred. Elton may have to compensate Las Vegas Productions for the losses incurred due to the breach of contract. The legal actions can be taken by LVP and the remedies are available as per the law. The damages have been incurred due to the Las Vegas Productions. If Elton does not follow the terms then he has to bear the future losses that may be incurred by the Las Vegas Productions. An estimated amount of money can be asked to pay by Elton to LVP. The legal actions can be taken on the basis of contract rules and regulations which need to be followed by both the parties. Elton is minor but he has carried out the contract after taking the payment fee which is considered to be a benefit. Thus, LVP can take actions and can claim remedies.
3. Duress under contract law is referred to the act of using coercion, force, physiological pressure or threats for compelling someone to contrary act to their interests. MLH on November 25 demands balance payment of rental fee and an additional fee amount of $100,000. The agreement was signed by KPI under the seal for paying the increased amount. The concert was over and KPI demanded to return the additional rental fee amount of $100,000. KPI claimed that the contract was done under duress. KPI cannot claim that the contract was carried out under duress. The agreement was done between MLH and KPI that the concert will be carried out in Coliseum. KPI need Coliseum for the concert and if the facility is not given then KPI would have to bear a huge loss. KPI did not want to break the contract and signed to pay an additional fee. On the other hand, MLH did not inform initially about the additional fee and took the advantage of the situation.
The contract was not carried out under duress because KPI signed the contract after understanding all the terms and conditions. MLH followed the rules and regulations and there was no unlawful violence. If MLH would have carried out any violent activities against KPI then it would have considered a contract under duress. The contract was revised without forcing KPI to pay the additional fee amount. KPI would have taken action against MLH before the concert for unnecessarily revising the contract. But KPI demands the additional rental fee after the completion of the concert. MLH can take legal action against KPI as per the contract law. Apart from this, if KPI is able to prove that the contract was revised for making pressure to pay the additional fee then legal actions can be taken against MLH. Both the parties have to follow the contract law and policies. A contract cannot be carried out forcefully and against the law.
4. The failure of performing appropriately or responsibly by any one of the party under an agreement is considered to the breaching of contract. The legal action has been taken against KPI which is considered to be valid. The ticket holders incurred losses because of the bad concert carried out by Elton. The ticket holders purchased tickets for enjoying the concert but they are not satisfied which means the concert organizer should be responsible. KPI sold tickets in order to entertain people but it was failed due to Elton. It can also be considered as the unfair fair trade practice which means the ticket holders are not satisfied and they are cheated. The legal actions can be taken against KPI as per the business laws and regulation.
KPI can take legal action against Elton and claim for the damages. Elton carried out an unethical conduct because he did not sing any of the songs during the dance routines. The act is considered to be breaching the contract law. According to the contract law, both parties are responsible for carrying out their duties appropriately. If any of the party failed to carry out its responsibilities then it is considered to be breaching the contract law. If KPI would be able to prove that Elton did not perform well which led to huge loss then it would be a breach of contract. It is the responsibility of both the parties to carry out their responsibilities as per the contract law. A contract is considered to be valid when both the parties have understood the terms and conditions and followed each of them. The loss needs to be incurred by KPI for ticket holders and Elton for KPI.
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