A Misrepresentation or a Breach of a Duly Executed Binding Contract
The salient provisions of the contract are as follows: (a) for Amy to arrange three (3) TV show appearances and five (5) radio interviews for the Blundell sisters, (b) to book the two sisters to Totti’s, Brisbane’s most exclusive salon, (c) to secure them a national record deal by 2012 and (d) to hold a Nashville tour by 2013.The aforementioned details should be fulfilled during the first 6 weeks of the contract, as stipulated in it. It is noteworthy that prior to the execution of the contract, Amy advised the Blundell sisters that she had entered into a lot of contracts in the music industry and that she has the capacity to “really make them known in Queensland, Australia and the world”. However, the contract is already on its seventh (7th) week but none of the provisions in the contract has been accomplished. Worse, Amy has a falling out with the head of Australia’s biggest country record label rendering it unlikely for the sisters to secure an album as scheduled in their contract.It is, therefore, the Blundell sisters’ problem what to do with the contract they have with Amy knowing that she failed to fulfil its provision and is seemingly impossible to ever accomplish all the other salient portions of it. The termination of the contract is the most likely solution to this problem.In view of the aforementioned facts, the main legal issues for the Blundell sisters would be first, to move for the voiding of the contract with Amy based on misrepresentation or to move for the contract’s termination due to breach of contract.Given the fact that the issue at hand revolves around a contract, the law concerned would be the Australian Contract Law. Under this law, a contract is defined as an agreement between two (2) or more individuals which is intended to become binding and enforceable by law. Under a contract, the parties involved would be consist of a promisor, who makes a promise, and a promise, who is the recipient of the promise.The case at hand is a type of formal contract. The main elements in any binding contract would the intention to go into a binding legal relation by the parties involved, the agreement or the offer and its acceptance, the contract’s consideration, which is a promise or an act by a party in exchange for the other party’s act or promise, and finally, a genuine consent by the parties involved.