Bettini v Gye

Breach of a minor term, a warranty, gives rise only to damages and does not entitle the innocent party to terminate.

Citation
(1876) 1 QBD 183
Court
Court of Queen's Bench
Year
1876
Subject
Contract Law
Topic
Terms of the contract

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.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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