Bettini v Gye 1 QBD 183 is an English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

 case, concerning the right to terminate performance of a contract.

Facts

Mr Bettini agreed with Frederick Gye

Frederick Gye

Frederick Gye was an English businessman and opera manager who for many years ran what is now the Royal Opera House, Covent Garden.-Life:...

 that he would not sing anywhere within fifty miles of London except at the Royal Italian Opera, Covent Garden

Covent Garden

Covent Garden is a district in London on the eastern fringes of the West End, between St. Martin's Lane and Drury Lane. It is associated with the former fruit and vegetable market in the central square, now a popular shopping and tourist site, and the Royal Opera House, which is also known as...

 (now the Royal Opera House

Royal Opera House

The Royal Opera House is an opera house and major performing arts venue in Covent Garden, central London. The large building is often referred to as simply "Covent Garden", after a previous use of the site of the opera house's original construction in 1732. It is the home of The Royal Opera, The...

), from 1 January to 1 December, and would perform for him from 30 March to 13 July 1875 for £150 per month. Bettini was supposed to perform concerts or operas. Importantly, Bettini was meant to be in London ‘without fail’ 6 days before rehearsals, but did not arrive until 28 March, at which point he was ready to perform. However, Gye rejected Bettini’s performance.

Judgment

Blackburn J held the provision for arriving 6 days before was not a condition, and therefore breach of it did not give rise to the right to terminate. If clear words had stipulated that in the event Mr Bettini did not show up Gye could terminate, or that Bettini would forfeit twice his salary, that would provide the answer. Here Bettini had already performed his covenant to not sing in the UK in the months running up to 30 March, and not showing for rehearsals could only affect theatrical performances and singing in duets during the first week or fortnight. So the breach did not go to the root of the contract, and Gye was not entitled to terminate.