Ratio Decidendi
A term going to the root of the contract is a condition. Breach of a condition entitles the innocent party to terminate the contract and claim damages.
ข้อเท็จจริง
An opera singer was engaged to perform in an opera from the opening night. She fell ill and missed the first few performances. The producers replaced her and refused to let her perform when she recovered.
สรุปคำพิพากษา
The court held that the obligation to perform from the opening night was a condition of the contract. Her failure to attend was a breach of condition entitling the producers to terminate.
คำกล่าวสำคัญ
"The failure of the plaintiff to perform on the opening and early nights went to the root of the consideration for which the defendants contracted."
— Blackburn J
การอ้างอิงภายหลัง
Contrasted with Bettini v Gye (1876) where an obligation to attend rehearsals was merely a warranty.