Question

With the provided contract far below, please answer the following hypothetical situations based on NY Law. Please assume the contract is signed.

1. While attempting to access the DJ booth, a broken step resulted in the DJ turning his ankle and his serious injury. Discuss the potential suit.

2. After the DJ continued to be harassed by club patrons requesting Nelly’s "hot in herre", he poured the remainder of his drink on their heads. The patrons bring suit against the DJ and club. Discuss.

3. DJ performs until only 1100pm, instead of the scheduled 1130. Pursuant to contract club owners reduce the DJs fee. Discuss

4. Prior to his performance, the DJ calls and informs the club owner that he will be performing at another venue. Discuss.

5. Prior to his performance, the DJ’s laptop is destroyed. Discuss the rights of the parties.

Answer 1

Under NY Law, the DJ might have a claim against the club for injuries caused by the broken step; patrons could sue the DJ and possibly the club for the altercation; the club can reduce the DJ's fee for not completing the agreed performance time; a conflicting performance may result in a breach of contract by the DJ; and the destroyed laptop could lead to contract renegotiation or demonstrate impossibility of performance.

Based on NY Law and the principles of contractual rights that are akin to property rights, various scenarios can be analyzed thusly:

• Injury due to a broken step:

The DJ may have grounds for a suit against the club for negligence if it can be proven that the club was aware or should have been aware of the hazardous condition and failed to rectify it or warn about it.

This is based on premises liability law.

• Harassment and retaliation:

The patrons could sue the DJ for battery, and possibly the club if they argue that the club failed to provide a safe environment or if the DJ was deemed to be acting as an employee of the club when the incident occurred.

• Reduction of DJ's fee:

If the contract stipulated the performance time, the club may lawfully reduce the fee proportionate to the time not performed, assuming such a remedy is provided for in the contract.

• Performance at another venue:

This may constitute a breach of contract if the DJ had an exclusive performance agreement with the club.

The club could pursue legal action for any damages resulting from this breach.

• Destroyed laptop:

If the DJ's laptop is a necessary tool for performance and its destruction is beyond the DJ's control (force majeure, for instance), both parties may negotiate a resolution or the DJ could potentially demonstrate impossibility of performance to void the contract.