A contract
may be discharged by any one of the following ways:
- By performance
- By breach
New York City chauffeur sues Taylor Swift for breach of
contract over unpaid car rentals (refer to the article below)
Comments:
Based on the situation, it is a breach of contract because :
- According to S.40: When a party to a contract has refused to perform, or disabled herself from performing her promise in entirety, the promisee may put an end to the contract, unless she has signified, by words or conduct her acquiescence in its continuance.
- A breach of contract occurs when a party to contract expressly or impliedly fails or refuses to perform or fails to perform satisfactorily one or more of her obligation under the contract
- Where there is breach of contract the innocent party may elect to treat the contract as been discharged by the breach or she may elect to treat the contract as subsisting.
- If she elects to rescind the contract she is relieved of all further performance and will entitle to damages for the breach
New York City chauffeur company sues Taylor Swift for breach of contract over unpaid car rentals
APG Security claims a contract to shuttle Swift and her posse around the city was cut short even after the company agreed to lease two additional SUVs and abide by rules regarding when drivers could talk to the pop star. It seeks payment for the rented cars.
A contract over chauffeuring Taylor Swift didn’t end up as a love story.
The songstress’ management company is shaking off invoices from her former drivers following the breakup of their business deal, which involved a spat over when and how the star can be spoken to, a lawsuit charged Monday.
APG Security claims a contract to shuttle Swift and her posse around town was cut short even after they agreed to lease two additional SUVs and abide by rules regarding talking to the pop singer.
APG signed a contract with Firefly Entertainment on June 10 to provide “vehicle services” from Swift’s Franklin St. penthouse. But before the end of the month, it received a letter from a director of security with a list of issues it was to “remedy as soon as possible,” according to papers filed in Manhattan Supreme Court.
They included amenities drivers must have in the cars chauffeuring the “Shake It Off” singer and “under what circumstances they could speak to her,” the suit said.
The New Jersey-based security company was therefore forced on July 1 to make two more cars available for Swift’s use on top of a Chevy Tahoe that’s been ferrying her.
The company leased two Chevy Suburbans for a total of over $2,000 a month, which Firefly allegedly guaranteed it would pay for, the suit says.
But on July 22, Firefly gave APG the business world version of “We Are Never Ever Getting Back Together” and terminated the contract — and it’s refusing to pay up for the cars, the suit says.
“Firefly took the position that it had no responsibility for the lease payments for the two vehicles, even though it had previously agreed to reimburse APG for the lease payments,” the complaint contends.
Believing it to be a true-life case of “Highway Don’t Care,” APG is seeking unspecified damages for breach of contract and wants Firefly to pay for the rest of the Suburbans’ leases.
The security firm’s lawyer and representatives of Firefly did not return requests for comment.
The 24-year-old Swift took residence in the city about six months ago, shelling out some $20 million on two combined lofts in Tribeca.
Her comings and goings since then have been closely chronicled, most recently her perfect post-workout looks upon leaving the gym.
“New York is one of those cities that feels worth dressing up for,” she told “Late Night” host Seth Meyers last month. “I don’t know, I feel like when I walk onto the sidewalk in New York, I have to try a little harder.”
Swift didn’t address her SUV attire — or her drivers’ expected etiquette.
Source: http://www.nydailynews.com/entertainment/gossip/nyc-chauffeur-sues-taylor-swift-contract-breach-article-1.1956885
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