Bettini v Gye (1875) LR 1 QBD
The parties had an agreement where Bettini was to perform at an opera organised by Gye. As part of the terms of the contract, Bettini was to be in London 6 days before the commencement of the performance for rehearsals “without fail”. However, Bettini fell ill and arrived two days before the performance, and Gye refused to go on with the contract. Bettini sued for breach of contract.
1. Whether or not the requirement to be in London six days before the commencement of engagement was a condition of the contract, the breach of which would entitled Gye to rescind the contract.
1. That the requirement was not a condition of the contract.
That the failure of the plaintiff to show up six days prior to the commencement of engagement did not render the performance of the rest of the contract different from what the defendant had stipulated for. That the failure of the claimant to fulfil the 6 days requirement could only affect theatrical performances and singing in duets during the first week or fortnight. The six day requirement was therefore seen as a warranty, a breach of which did not fundamentally affect the contract.