Discuss the below:
1. What is the issue here?
2. What are the rules?
3. Application?
How would I as the person leasing the shop go about the situation taking into the consideration the rules?
4. Conclusion? based on the facts?
Situation:
It is your big 1st birthday celebration. Because of the huge interest in your bar you have organised to have a number of high profile soccer stars make an appearance.
One of these is Mickey who is the fastest rising soccer star in Australia and likely to be signed by Manchester United next year. He is currently 16 years old and happens to be Adam's nephew. He agrees to come to your event and because of this, and the advertisement you placed in the Advertiser, tickets have sold out within 15 minutes. You have offered him $15,000 for the evening. "I would be delighted to be there and to go on stage," Mickey tells you over the phone.
You have supplied a written contract to Mickey for him to make three appearances that evening on stage, one being interviewed, one drawing the door prize, and one cutting the 1st birthday cake.
The written contract is expressed as follows:
"An interview with the bar owner on stage;
Mickey to draw the door prize on stage; and
Mickey to cut the 1st birthday cake on stage."
You sign the contract, and send a copy to Mickey. But his mother signs on his behalf "because Mickey is interstate," she tells you in a covering note when she sends the contract back to you, "but I know how thrilled he will be to help you out."
On the evening of the 1st birthday celebration, Mickey attends and the capacity crowd go crazy when he appears on stage but after his interview he refuses to go back on stage for the other two appearances. He said that he had never agreed to appear more than once.
You do not want to pay Mickey the appearance fee of $15,000 because he did not meet all the requirements of the contract.
Is the written contract valid? Is there a verbal contract?
Are the clauses in the written contract conditions or warranties?
Can the contract be cancelled, by either party, because of Mickey's actions? That is, can you refuse to pay the fee?
In addition, I know Mickey is only a minor, however, is the contract still enforceable against Mickey as the contract proves to be beneficial to him for his services even tho he is a minor? (if a contract is beneficial to a minor it can still be enforceable). The fact that his mum is the legal guardian and signed the contract, does this mean Micky is still bound by the contract or is he the one who needs to sign the contract for it to be enforceable against him? This is based on Australian law, more so South Australian Law.