Refer to relevant case law and legal principles. Apply the Common/Case Law only. Do not apply the Competition and Consumer Act 2010, or any other legislation.
Martina, a young opera singer signed a 5 year contract with an agency called Stars & Extras (‘S & E'). The contract stated she would obtain all of her singing work through S & E and would not sing for any other agency until the 5 years elapsed.
During their negotiations Martina had told the owner of S & E (who was her father) that she did not want to sing opera for the rest of her life, she wanted to branch out into other types of singing. The owner agreed, verbally, to restrict the contract to opera singing but this was not written in the contract. Martina secured paid work through S & E singing in operas for the first 2 years. She did not perform any other singing work during this time.
In the third year of the contract Martina accepted an invitation to go to Russia to perform for a weekend at an oligarch's birthday party. The invitation came through a Russian company that wanted to deal direct with Martina, not through S & E.
All ‘waiters' and ‘waitresses' at the oligarch's party had a performing skill. During the dinner, as well as serving meals and drinks, the waiters and waitresses would sometimes break into song, or juggle, or dance, depending on their skills. Martina sang an aria from the Russian opera Aleko and Russian folk songs that reminded the oligarch of his childhood.
S & E found out about Martina's singing engagement at this party in Russia because in order to go there she had to decline a job in Australia. S & E claims Martina must pay them a commission for her Russian work.
S & E also threaten to sue her for their loss of commission on the job in Australia. They had made no attempt to find another opera singer to replace Martina when they found she was not available for that job.
Identify any TWO (2) of the legal issues confronting Martina and advise her on them.