Bettini v Gye
Breach of a minor term, a warranty, gives rise only to damages and does not entitle the innocent party to terminate.
Facts
Mr Bettini, an opera singer, was engaged by Mr Gye to sing in operas and concerts in Great Britain and Ireland for a season of three and a half months. The contract required him to be in London at least six days before the start of his engagement for rehearsals. Mr Bettini fell ill and arrived only two days before the engagement began. Mr Gye refused to let him perform and treated the contract as ended.
Legal principle
The court held that Mr Gye was not entitled to terminate the contract. The rehearsal term did not go to the root of the contract, because it related only to a small part of a long engagement and its breach could be compensated by damages. It was therefore a warranty, not a condition, and Mr Gye's remedy was damages for the lost rehearsal time, not termination. Mr Gye was therefore liable for wrongfully refusing to perform the contract.
Related cases on terms of the contract
- Arnold v Britton [2015] UKSC 36, [2015] AC 1619
- Barton v Morris [2023] UKSC 3, [2023] AC 684
- Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661
- Bunge Corp v Tradax Export SA [1981] 1 WLR 711
- Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, [2009] 1 AC 1101
- Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd [1965] 1 WLR 623
- Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
- Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896
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