6 Balfour Rd
Narwee NSW 2209
Our reference: 64
5 May 2013
123 Federal Place
Parramatta NSW 2150
Dear Mrs. Fischer
RE: Legal opinion required
I am an employee at Moroccan Dreams; a restaurant based in Sydney, and I am seeking legal advice for the rights of my employer for the termination of a contract by a client where services have not yet been completed. I have a copy of the contract signed by the client to perform services to the restaurant. These matters of Facts may assist you:
Maria (client) signed a contract. There are three conditions to the contract: Maria is to perform three shows on Thursday, Friday and Saturdays for the Carnival Festival in Sydney. She is to provide her own clothes for performance.
Maria will be paid $250 per night.
Maria is a belly dancer and Kris owns a successful restaurant. Kris sees one of Maria’s performances, and discusses if she is interested in performing at his restaurant. Maria shows interest and asks for a contract to be sent to her. After receiving the contract Maria signs it. This contract becomes legally binding and enforceable because it is in writing and has been signed. So far Maria has been able to perform these shows, but recently has pulled a stomach muscle and tells my employer (kris) that she can no longer perform the remaining shows. Maria has performed most of the shows but cannot fulfill her contract; this is a breach because it is only a partial performance of the contract. Maria has breached a conditional term of the contract, this allows kris to confirm the contract and recover damages, or terminate the contract and recover damages. In my understanding Kris would benefit best by confirming the contract, as he is the one who has asked Maria for Specific performances of the contract. Specific performances are a court order that demands that the defendant fulfill their contractual obligations. In this case Maria is obliged to fulfill...
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