Tuto 7 interference with contract PDF

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Summary

Tutorial 7Tutty was a very famous actress. She had won the award for ‘Most Popular Star’ sponsored by Berita Panas Sdn Bhd for three years consecutively. Her shooting schedules were very tight as she has been offered many jobs every year. Last three months, she has entered into a contract with Froze...

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Tutorial 7 Tutty was a very famous actress. She had won the award for ‘Most Popular Star’ sponsored by Berita Panas Sdn Bhd for three years consecutively. Her shooting schedules were very tight as she has been offered many jobs every year. Last three months, she has entered into a contract with Frozen Yogurt Pictures Sdn Bhd which casts her as the heroin in a sixty-episode drama titled Cold One. The shooting of the drama was scheduled to begin at early February last year. Tutty’s fiancé, Fruity, was also involved in the entertainment industry. He has been offered jobs to direct some dramas and films. As he came to know that Tutty was going to cast in Cold One together with Icey, his rival and enemy, he persuaded her not to proceed with the contract. One day before filming was to start, Fruity brought Tutty to Sabah for holiday for about two weeks. As Tutty loves Fruity very much, she followed all Fruity’s instructions. The filming crew at the scene waited for Tutty till the evening, but she did not turn up, and she did not answer the phone calls made by the crew members. One week later, Fruity told the director of Cold One that he was using his power as Tutty’s fiancé to disallow her from acting in the drama. Advise Frozen Yogurt Pictures Sdn Bhd on whether they can take legal action against Fruity for losses incurred by them.

Issue 1: Whether Fruity interfered with Tutty contract with Frozen Yogurt Pictures Sdn Bhd through inducement of breach of contract.

Definition: Loh Holdings

Elements: 1. There must be a direct interference, or indirect interference together with the use of unlawful means -Direct interference -Apply -Unlawful or lawful means subject to argue

2. The plaintiff must show that the defendant had knowledge of the relevant contract Case: Emerald Construction Co Ltd v Lowthian Apply: He has the knowledge of the contract, he is involved in the entertainment industry, and he know that Tutty was going to cast in Cold One.

3. The defendant had the intention to interfere with the contract -Torquay Hotel Co v Cousins -Apply: Brought her to Sabah for holiday for two weeks

4. Plaintiff-likelihood damage-special damage -Goldsoll v Goldman -Drama may not begin as scheduled

Conclusion

Defence: -He doesn’t have the superior right to interference - “Fruity told the director of Cold One that he was using his power as Tutty’s fiancé to disallow her from acting in the drama”- not has the power...