Poussard v Spiers (1875) LR 1 QBD 410
The appellant, an opera singer, was hired by the defendant, Spiers, to perform at an opera for three months. The performance was to commence on the 28th of November. The appellant fell ill just before the start of the opera and could not perform for the first three days. The defendant hired another opera singer as a replacement for the appellant. When the appellant wanted to return for the performance after her recovery, the defendant refused and the appellant sued for wrongful dismissal.
At the trial court, the jury found in favour of the defendant and awarded damages, and the claimant appealed.
1. Whether the failure of Poussard to turn up on the first day of performance amounted to a breach of a condition.
1. That the failure of Poussard to turn up on the first day constituted a breach of a condition.
That turning up on the first day of the performance was at the very root of the contract between the parties, and Poussard’s failure to turn up amounted to a breach of that condition.