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Question 2 (15 marks) 2 pages
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Sylvia is an ex model and writes a column every two weeks for an online magazine called "Stay
in shape" She has a contract for three years. One of the terms of her contract is that her column
will be the first story listed in each edition. All of Sylvia's stories are to include a photo of her
when she was modelling. The editor of the online magazine had an exclusive interview with
Nicole Kidman, an Australian actress based in Hollywood. Sylvia's column was moved to
number three to make room for the interview with Nicole Kidman. There also was a recent
photo of Sylvia rather than the younger photo that had been agreed. When Sylvia saw the
published edition she was incensed and complained that "Stay in Shape" had breached her
contract and she was now going to write for another online magazine called "50 is the next 40"
The CEO of "Stay in Shape" magazine seeks your advice as to whether Sylvia can terminate
the contract as he would like to retain Sylvia's services
a) Has there been a breach of the contract by "Stay in Shape"?
b) Does the breach allow Sylvia to terminate the contract and move to the other online
magazine?
C) Are there any similar cases that assist you in advising "Stay in Shape"?
d) If just the recent photo was placed in the column instead of the younger photo and the
article was listed at number one could Sylvia terminate the contract?
e) If she cannot terminate the contract what other remedies could Sylvia seek?
[Answer here)
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