- March 19, 2013
- Posted by: essay
- Category: Term paper writing
The breach of contract occurs, when either party fails to perform its duties respectively to the contract. On analyzing the case of the photographer, it is important to place emphasis on the fact that he/she should perform his/her contract properly but the illness of the singer prevents the photographer from completing his/her contract till the end.
At this point, the photographer can stop shooting and start performing another contract because the illness of the singer was not included in the first contract and the following rescheduling was not the subject to the contract signed by the photographer. What is meant here is the fact that the photographer should do shootings so far as they meet the schedule defined in the contract.
At this point, it is important to stress that any rescheduling needs further negotiations between the parties and the party that cannot perform the contract properly is responsible for the breach of contract. In this case, it is the singer, who fell ill, is responsible for the breach of contract, whereas the photographer does not breach the contract. In stark contrast, the photographer is ready to perform his/her functions but the schedule and the further rescheduling should be defined in the contrast. As there is no rescheduling option being taken by either party in the contract, the photographer has the right to stop performing his/her duties and start performing another contract he/she has signed.
In such a way, the photographer can avoid the lawsuit for the breach of contract because it was the singer, who was responsible for the breach of contract. In addition, the contract had clear terms and the rescheduled terms were not included in the contract.