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Introduction
Breach of contract basically means that one or more of the terms and conditions laid out in a contract has been broken. Breaching a contract may lead to the contract breaking down completely and can easily lead to legal action and claims for damages in a law court. When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract. Breach of contract can also occur if work carried out is defective or if one party makes the other aware that they will not be carrying out the agreed work. In the case of Paul & Bagel Parkson as a clear example for Breach of contract; Paul engaged Bagel Parkson,who is known as a top international singer, to perform for a series of concerts at his hall. Parkson arrived a week earlier and was put up at 5 star hotel with expenses paid by Paul. On the day of the first concert, Parkson was arrested by the police for drug possession and consumption. When Paul found out about this, he felt that it was too late to cancel the concert, so he arranged for a local singer to replace Parkson. As a result, goers walked out and demanded their money back from Paul because of the concert with the replacement singer. Ill analyze and explain this case by answer four questions below.

A. Has the contract between Paul and Bagel Parkson been frustrated?
Define of frustration: is the happening of an unexpected event beyond the control of the parties, after the making of the contract but before the completion of the contract, which makes further performance of the contract illegal, impossible and radically different from what was originally envisaged by the parties. Frustration is essentially concerned with the allocation of risk between the parties. On the other hand, three essentials for a successful pleading of frustration are:

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1. The event was outside the contemplation of the parties. In Jackson v Union Marine Insurance (1874) 2. The contract, if performed, would be a different contract from that entered into (e.g. where the contract is entered into for a particular purpose and that purpose is no longer attainable) Kell v Henry (1903) case 3. The event is one for which neither party is responsible for, see Maritime National Fish v Ocean Trawlers (1935) In Pauls situation, from the facts of the case, Parkson signed the contract with Paul to perform his series of concert, it would appear that Parkson own action had caused him to be arrested by drug possession and consumption. Hence, its unlikely that the contract between Bagel Parkson and Paul has been frustrated. In the case of Maritime National Fish & Ocean Trawlers Ltd (1935), for instance, the appellants chartered a vessel from the respondents and to carry out fishing activities, they needed a licence, as both parties knew. The appellants, who had four other vessels, applied for five licences. However, they were only granted three. The appellants assigned the licences to their other vessels and not to the one which they chartered from the respondents. The appellants then argued that the contract was frustrated. However, the court held that it was the appellants own action of assigning the licences to their other vessels instead of to the vessel chartered from respondents that caused the impossibility. Therefore, there is no frustration in the contract between Paul and Bagel Parkson.

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B. Can Paul claim damages from Bagel Parkson for breach of contract?
Two ways in which a party may commit a breach of contract are: (a). By repudiating his liability under the contract before the time for performance is due. Repudiation of a contract occurs when one party to a contract, by words or by conduct, intimates to the other that he no longer intends to be bound by the contract. Repudiation can be Actual or Anticipatory. (b). by his own act of disabling himself from performing the contract If a party to a contract by his own act disables himself from performing the contract, the other party can treat the contract as discharged. In Synge v Synge (1894), a man agreed before marriage to settle a house on his wife after marriage. He subsequently conveyed the house to a third person. The court held that his wife could bring an action for breach of contract. This is similar to the case of Paul v Bagel Parkson where Parkson had breached his contract by getting himself arrested for drug possession and consumption. As argued above, Parkson is liable to Paul for breach of contract by not being to perform and disable himself from carrying out his part of the contract as he was obliged to. Therefore, Paul can bring an legal action for damages against Parson, and claim unliquidated damages from Parkson.

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C. Between Paul and the concert goers, has there been a breach of contract?
In simple contracts, the terms of a contract are classified as either a condition or a warranty. y Condition A condition is a vital term of a contract which goes to the root of the contract. If a condition is breached, it entitles the injured party to rescind the contract and claim damages for non performance. In Wallis v Pratt (1910) a condition was defined as an obligation which goes so directly to the substance of the contract, in other words, is so essential to its very nature, that its non-performance may fairly be considered by the other party as a substantial failure to perform the contract y Warranty A warranty is not a vital term in a contract, but one which is merely subsidiary, a breach of which gives no right to rescind but only an action for damages for the loss which he has suffered. Failure to perform it does not go to the substance of the contract. So buying a concert ticket to see a top performer is classified as condition in the term of contract. The condition is broken due to replacement by local singer of the concert. In this situation, the injured party can affirm the contract or discharge the contract; they can even sue for damages. By the condition is broken, there has been a breach of the contract between Paul and concert goers. What Paul must do in this situation? As the concert should cancel, Paul have to say sorry to the goers as well as give the money back to concert goers. Even, Paul should offer something to goers.

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D. Pauls legal course of action.

What Paul can do? y As the concert should be cancel, Paul can sue Parkson for breach of contract. Paul can ask Parkson to take responsibility for all the expense for the concert and damages for loss of profit by estimating, as well as Pauls reputation. In addition, Parkson have to say sorry to concert goers because of his mistake. Damages against Parksont that Paul can claim are unliquidated damage. Define unliquidated damages: its main purpose of unliquidated damages is to restore the party who as suffered the loss to the same position as if the contract had been performed properly. There are four factors that need to be considering for a claim in damages: 1/ Causation For damages to succeed, the loss must have caused by the breach of contract. In Monarch SS Co v Karlshamns Olijefabriker (1948) 2/ Remoteness The defendant will only be held liable (in damages) for the plaintiffs losses if they are generally foreseeable or if the plaintiff tells the defendant about any special circumstances in advance. In case of Hadley v Baxendale (1854) 3/ Mitigation Mitigation simply means that a party cannot recover loss which he could have avoided, he must all reasonable steps to minimize his loss. 4/Assessment Damages awarded to an injured party can be classified under two headings: damages for loss of profit and damages for wasted expenditures.

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Conclusion
I have gone throw four questions about Paul v Bagel Parkson case. We are unable to what is breach of contract, what is frustration in a contract between the parties; we can claim damages from breach of contract and what we can do to bring legal action from breach of contract as well. Therefore, we are as an example party for every contract that well make, we should be aware of how to claim for our benefit from breach of contract, and avoid breaching the contract either.

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References:
Ravi, C., 2010. Introduction to Business Law in Singapore, 4th Edition. Asia: McGraw-Hill Education.

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