Daenerys Targaryen Productions enter a contract with Lord Varys, under which Varys will present a one-man travelling show for 14 weeks, one show per week, covering 8 venues within 7 counties. The contract stipulates payment as £60,000 per show, payable after each performance. The contract also stipulates:
33. Neither party is responsible for any failure to perform its obligations under this contract if it is prevented or delayed in performing those obligations by an event of force majeure.
Varys performs with great success, to large audiences and considerable profit, for Daenerys, for 6 weeks. In week 7, the show is to be an open-air performance in Arya Stark Park. On the morning of the show, storms are threatened and in the early afternoon lightning causes a power outage. Daenerys cancels the show and does not pay Varys. The show is then due to move to Edinburgh. Varys, however, has developed a tickle in his throat which becomes progressively worse. His medical adviser, fearing that it is cancer, tells him to cancel his upcoming performances so as to seek further medical treatment. Varys cancels the rest of the tour. Tyrion Lannister Theatre, Edinburgh, has been booked by Daenerys for the Edinburgh event, and a deposit of £3,000 was paid upon booking, the remainder of the fee, £17,000, being due on the day of the first Edinburgh event. Tyrion is insisting upon payment. Meanwhile, Khal Drago Props Inc. has a contract with Tyrion Lannister Theatres to provide the staging for Varys’s show and has hired workers and commenced construction of the sets in anticipation of the performance.
You are asked by a senior partner to brief the legal issues raised.
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