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question.docxRunning head: BUSINESS LAW 1
BUSINESS LAW 5
Question:
You give us a very interesting contract case. If the producer is actually sexually assaulting the singer, then this could be considered a material breach of contract if it happened and there was no way for the singer to perform the contract without being in the producer's presence alone. However, do you think that it is possible that the singer is attempting to get out of the contract that is no longer in her best interest but was signed during a time when she was not as well-known?
1. A case story: Kesha versus her producer
Kesha is one of the famous musicians in the country. The singer has been in COURT BATTLES with her producer for quite a long time now. The latest case that captured the attention of the media is her decision to APPEAL the outcome of her case with her manager. According to Kesha’s lawyers, the court’s decision to tie Kesha to a contract with Gotwald would ruin Kesha’s career (Grinberg, 2016). Kesha complained that the producer has abused and raped her number of times and continuing to work with him would not be possible.
Gotwald argued that the contract was worth millions of dollars and Kesha walking out of the contract would hurt his recording company financially. Kesha’s contract with the producer had not expired. However, treatment from the produce made her want to TERMINATE the contract. Kasha termed working with Gotwald as slavery since she could not be comfortable being under the same roof with him. Many musicians have vowed to help Kesha win the case but the final decision lies in the hands of the Court of Appeal judges.
2. Consumer’s right to cancel contracts
There are reasons why some states allow consumers to easily walk out of contracts. As much as contracts should be binding to the letter, a consumer should be given the right to choose on whether to honor the contract or not. There are businesspersons who have used contracts as a business cage in the past. They do not consider the needs of the consumer since the consumer has already signed a contract. The reason why some states give consumers the right to walk out of contracts is to ensure that companies and business persons are competitive and do not use contracts against the consumers. There have been several cases in the past where a consumer signs a contract with a company. Since the company knows that the consumer cannot walk out of the contract, the company tampers with the quality of services or products. By doing so, the company makes more profits and provides substandard quality services to the consumer. Each and every consumer should be protected from the companies that are likely to take advantage of consumers (Marson, 2013). That is why a consumer is given the right to walk out of a contract if he or she feels that it does not meet the requirements that were initially agreed on. There are companies that provide false information during marketing. The policy is good since it favors consumers.
There are different reasons why not all contracts can be canceled easily. The company’s interest should also be considered. There are companies that produce expensive and delicate goods. Such companies would incur losses if any consumer was allowed to just cancel a contract whenever he or she feels like. The reason why not all contracts are easy to cancel is to protect the companies from consumers who might take advantage of the flexibility nature of the contracts. There are contracts that restrict a company from selling the agreed products or offering the agreed services to any other client. It would be unfair to allow consumers to easily walk out of such contracts.
References
Grinberg, E. (2016). Kesha Appeals Decision in Contract Dispute, Likening it to Slavery.
Retrieved from http://edition.cnn.com/2016/03/22/entertainment/kesha-dr-luke-contract appeal-feat/
Marson, J. (2013). Business Law. London: Oxford University Press.
