Johnny Ch Lok

US AND UK Law Cases Research Questions Johnny Ch Lok

Breach of contract artist caseAn artist has a contract with an art gallery, to exhibit whose paintings for an agreed period of time. The art gallery cancels the act exhibition before that period of time expires. The artist sues the art gallery for breach of contract. The art gallery counterclaims against the artist, also for breach of contract, for failing to provide to the art gallery himself for the purpose of the exhibition, the agreed quantity and quality of paintings as well as the art gallery also wants to claim against, another art gallery for inducing the artist's breach of contract with the art gallery himself. The first art gallery says that the artist has exhibited paintings in the second's gallery contrary to a clause in the contract between the artist and the first art gallery themselves, restricting the extent to which the artists could exhibit paintings in any other gallery during the life of contract between the artist and the fist art gallery. As the first art gallery has counterclaim against the artist in the main action, and wants to claim against a person not already a party in respect of the same subject-matter of the counterclaim ( the artist's beach of its contract with the first art gallery). The first art gallery can add the second art gallery as a defendant to the counterclaim. It indicated that this procedure should be contrasted with the procedure to add third parties in existing action. A defendant who wants to claim against someone other than the plaintiff and who does not also want to counterclaim against the plaintiff in the main action.