''Bettini v Gye'' (1876) 1 QBD 183 is an
English contract law case, concerning the right to terminate performance of a contract.
Facts
The tenor
:it:Alessandro Bettini agreed with opera manager
Frederick Gye
Frederick Gye (the younger) (1810–1878) was an English businessman and opera manager who for many years ran what is now the Royal Opera House, Covent Garden.
Life
Gye, son of Frederick Gye (the elder), was born at Finchley, Middlesex, in 18 ...
that he would not sing anywhere within fifty miles of London except at the
Royal Italian Opera,
Covent Garden (now the
Royal Opera House
The Royal Opera House (ROH) is an opera house and major performing arts venue in Covent Garden, central London. The large building is often referred to as simply Covent Garden, after a previous use of the site. It is the home of The Royal Ope ...
), from 1 January to 1 December, and would perform for him from 30 March to 13 July 1875 for £150 per month. Bettini was supposed to perform concerts or operas. Importantly, Bettini was meant to be in London ‘without fail’ 6 days before rehearsals, but did not arrive until 28 March, at which point he was ready to perform. However, Gye rejected Bettini’s performance.
Judgment
Blackburn J held the provision for arriving 6 days before was not a condition, and therefore breach of it did not give rise to the right to terminate. If clear words had stipulated that in the event Mr Bettini did not show up Gye could terminate, or that Bettini would forfeit twice his salary, that would provide the answer. Here Bettini had already performed his covenant to not sing in the UK in the months running up to 30 March, and not showing for rehearsals could only affect theatrical performances and singing in duets during the first week or fortnight. So the breach did not go to the root of the contract, and Gye was not entitled to terminate.
See also
*
English contract law
Notes
{{reflist, 2
References
*
English contract case law
1876 in case law
1876 in British law