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On October 1st, Mary Miller, a World Renowned Entertainer, Entered

Question 43

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On October 1st, Mary Miller, a world renowned entertainer, entered into a contract with Quality Production Ltd. to perform a concert in Sudbury on December 15th. On October 15th, Quality signed a contract to rent the Centennial Hall from its owners, Business Buildings Ltd. for the evening of December 15th. Business Bldg. was advised of the purpose for which Quality was renting the Hall and Quality paid Business Bldg. a deposit of
$5,000. Quality had tickets printed, advertised the concert, hired a band, and paid Mary Miller a $7,500 advance. Expenses by December 10th, totaled $12,500 excluding the advance to Mary Miller.
a. If on December 10th, the Centennial Hall burned to the ground through no fault of Business Bldg., would Quality be able to sue Business Bldg. for its losses and if so, what would Quality likely recover? Explain any legal principles and defenses the parties may rely upon.
b. If on December 10th, the above (a) did not happen but Mary Miller died. Could Quality successfully sue Mary Miller's estate for damages and if so what would Quality likely recover? What legal principles and defenses would be available to the parties?

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a. The contract would be discharged beca...

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