Sem5- Poussard v Spiers & Pond PDF

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Legal Writing & Analytical Skills- Seminar 5: Poussard v Spiers & Pond Questions: Which court is it? Who are the parties? Queen’s Bench Court. Parties are Mr Poussard (claimant) Spiers and Pond (defendant). What are the relevant facts of the case? Madame Poussard entered a contract to perform as an opera singer for three months. She became ill five days before the opening night and was not able to perform the first four nights. Spiers then replaced her with another opera singer. Once Poussard was well again, she wanted to sing again in the performance, but spiers and pond refused to let her sing. The claimant decided to take the defendant to court for ‘wrongful dismissal’. What is the legal issue at stake? Whether there has been a breach of contract- Damages. Whether failing to turn up and perform amounted to be a breach of contract. Wrongful dismissal. The company rescinded the contract therefore they do not owe money to the claimant. Warranty- does not go to the root of the contract, damages can only be asked for after the contract has been carried out. What is the decision reached by Blackburn, J? The inability to sing was caused by sickness therefore there was no breach of contract. How does he reach the decision? Can you reconstruct the argument behind it, using one of the syllogistic forms we have discussed? If a condition is breached in a contract, then the other party can be discharged and can rescind the contract Madame breached vital condition of the contract Therefore the part can rescind the contract....