Anthea and the Conert Essay Example | Topics and Well Written Essays - 1750 words

Anthea and the Conert - Essay Example This is because, they were sighed up to perform at the Hamden Hall and just a few days before the concert each artist had a problem that apparently caused them not perform. In addition to that, Anthea had already paid these artists a 25% fee of the total amount of money that they were to receive and the rest was to be paid after they did actually perform at the concert, which they did not. Therefore, it is evidenced that Anthea was the only party that did duly perform her part in the contract while other performance artists did not. Therefore, by law, Anthea has the right to take legal action against the performance artists as they did not abide by their part of the contract. As a result, one of the claims that the Student Union is prone to get is a refund of their money from the performance artists as they took the money without attending to their call of performance. This case can be compared to the one of Cutter v Powell (1795). Powell promised Cutter that if he took the role as h is running mate, he would top him up with â€Å"a total of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool. Unfortunately Cutter died at sea. His widow sued Powell to recover a proportionate part of her husband's wages on a quantum meruit for work and labour done by her husband during that part of the voyage that he lived and served Powell† (Legal Max, n.d.). Unfortunately, â€Å"payment was on condition that he worked the ship to Liverpool, since he did not fulfil this condition the widow was entitled to nothing† (E-Law Resources, n.d.). When compared to the case of Anthea and The Concert, it can be concluded that Anthea did fulfil her end of the contract by paying them the 25% initial fee. Since the performance artists did not perform then they are entitled to nothing. Bolton v Mahadeva  [1972] is another case that can be termed as similar to the Anthea and The concert case. In th is instance, â€Å"The claimant installed central heating in the defendant's home. The agreed contract price was ?560. The defendant was not happy with the work and refused to pay. Defects in the work amounted to ?174. The action by the claimant to enforce the payment failed since the court held there was no substantial performance† (E-Law Resources, n.d.). The comparison that can be deduced in this case is that, the plaintiff did install the heating system which had defects that amounted to an extra ?174. In addition to that the client had already incurred a total cost of up to ?560. Therefore, the plaintiff claimed that the balance should have been less the extra cost of ?174. When compared to the Anthea and The Concert claim, the performance artists would have come to the concert to perform but they would not have done it well due to the challenges that they were facing. With this case, one of the liabilities that the student council ought to be aware of is that despite th e fact that they did perform their duty by paying the 25% fee initially, they ought to have had an exception in the contract that would cater for such kinds of calamities. For example, they would have drafted a clause that would ensure that a party in the contract is only paid when they have performed their duties or obligations as part and parcel of the stated terms in the contract so as to avoid instances where they pay the artist and they do