Contract Law (Frustrated)

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millygreen

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14 September 2019
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Actor (Thomas) gets into a contract with a business, they make the deadline to complete the movie and state time is of the essence, however also include liquidated damages clause stating that for every day that the movie is late they will deduct $4,000,000 from the $100,000,000 payable to Thomas. Thomas gets into accident and ends up in coma, as soon as he wakes up they commence filming and the movie ends up being released 10 days late. The business states the contract has been frustrated and thus they do not need to pay him anything. They also sue for loss of profit (due to the movie being released late), loss of chance and loss of reputation. What is your advice?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Is this a homework question (it reads like one)? If so, there’s a forum for that - and we don’t do homework for people. You offer your reasoning and ask for feedback, or questions about particular issues.