"Bunter, who made his name as a gourmet during his schooldays and is now one of the best-known food experts in Britain, was commissionedby the Society of British Gourmands ("SBG") to conduct a survey of1,000 restaurants in Greater London and to write an analytic report on"The state of fine dining in London". SGB planned to publish both thesurvey and the analysis in its next publication, Fine Dining on a Budget: The Capital. This was to be the flagshipbook in a series of books covering restaurants in all areas of Britain; theplan was to publish all the books at the same time.The contract between Bunter and SBG provides that Bunter wasto select 1,000 promising restaurants, picking a diversity of types of cuisine;to eat a meal in each one, selecting food and drink that would cost no morethan £50 a person; and to make an assessment of the food, the wine list, theservice, the ambience and the prices. He was then to select the 500 restaurantshe considered to be the best and, for each of the 500 selected, to complete andsubmit a report in a particular format supplied by SBG. The 500 reports were tobe submitted by 1 January 2016. Bunter was then to write a 15,000-word analyticessay on "Fine dining in Greater London", to be delivered by 1February 2016. SBG agreed to pay Bunter's bills at the 1,000 restaurantswithin 7 days of him submitting a claim, plus a fee of £100,000 for thereports; and a further fee of £20,000 for the analytic essay. The total amountof fees would be paid within 14 days of Bunter submitting the essay. Clause 13of the contract states:13. In the event that SBGterminates this contract for failure by Bunter to complete it, all sums due tohim shall be forfeited.Bunter ate in 1,000 restaurants, claiming and being paid for1,000 meals, and submitted a file of reports. He then started work on theanalytic essay, but soon told SBG that he was suffering from severe indigestionas a result of having to eat so many meals in a short space of time and wouldnot be able to complete the essay on time. SBG replied that if he did notsubmit it by 15 February they could not accept it, as any further delays woulddisrupt their publication plans, and pointed out to Bunter that if he did notcomplete the work he would not get paid anything at all. But Bunter was stillfeeling too ill to work and failed to submit the analytic essay by 15 February.SBG then wrote to him terminating the contract and refusing to pay himanything. SBG has also discovered that in fact Bunter has submittedonly 490 reports; and that Bunter visited very few vegetarian restaurants,which SBG says "skews the survey". Bunter says he visited fewvegetarian places because "beans are food for horses, not people." SGB say that clause 13 was put into the contract because itwould not be possible to commission anyone else of Bunter's reputation to dothe survey instead of Bunter in the time available before publication. They maybe able to get someone else to write an essay based on Bunter’s reports withoutdelaying publication but they are not yet sure. Advise Bunter."
really don't have a clue, any help much appreciated
Contract problem help watch
- Thread Starter
- 20-03-2016 13:37