Delores is an opera singer who is scheduled to perform in Toronto on October 17^th. She gets laryngitis and is unable to sing. The contract does not include any provisions regarding Delores' health. Is she obliged to perform? A) Delores is not required to perform. The contract is frustrated as there is an implied term of continued good health. B) Delores is required to perform as there is no provision terminating the agreement in the event of illness. C) Delores is required to perform, but because of her laryngitis she is allowed to lip synch. D) Delores is required to perform as there is an implied term of continued good health. E) Delores is not required to perform because of human rights legislation.

Question

Quizplus · Accepted Answer

The contract is frustrated due to an unforeseen event (Delores' laryngitis), which makes performance impossible. There's an implied term in performance contracts like this that the performer must be in good health to perform.

Delores Is an Opera Singer Who Is Scheduled to Perform