Is Jack Legally Obligated to Pay DJ Mason for Partial Performance?
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Issue Of The Case-
As Jack had forgotten that he has already made the valid contract with Logan, he booked Mason, for playing a three-hour session (Varney, 2017) for around fifteen hundred euros. On the night of the performance, because of the situation occurred between Kate And Jack and Jack and Logan, mason played only for two hours instead of three hours (Harder, 2020), because he was much embarrassed out of the situation. Thus, here the contract has not been performed entirely. Mason has part perform his liability as per the made contract between him and Jack.
Advise Jack whether he is legally obliged to pay DJ Mason anything for his performance?
Rule Of The Law
As per the contract act, 1872, if there is partial performance of the contract, the substantial performance of an entire level of the obligation, and further it was held that where there is a substantial performance of the contract has been made, then money must be paid. This has also stated that employer cannot resist the payment (Al-Tawil, 2015) of the performer, until he does not get to know about the reason of the substantial performance of the performer. The remedies available to aggrieved party and for which the breaching party is liable, by making the payment of damages, and by making a specified performance as per the contract of duties made between them.
With reference to the case law, Hoenig v Isaacs (1952), is concern regarding the substantial performance of an entire level of the obligation, and further it was held that where there is a substantial performance of the contract has been made, then money must be paid. Therefore, yes Jack is legally obliged to pay DJ Mason (Harder, 2020) anything for his performance because employer cannot resist the payment of the performer, until he does not get to know about the reason of the substantial performance of the performer.
Here in the case of the contract between mason and Jack, there is a event of partial breach, and the non-breaching parties that is Jack, might demand remedy from the breaching party who is Mason. The remedies available to Jack (Cartwright, 2016) and for which Mason is liable, by making the payment of damages, and by making a specified performance as per the contract of duties made between them. Hence, Jack is legally obliged to pay Mason for his partial performance but might not be the full amount.
Conclusion Of The Case-
It is here by concluded that Jack is legally obliged to pay DJ Mason something for his performance
