玛蒂娜和Stars & Extra (S&E)已经签了五年的合同。合同上写着，玛蒂娜不能单独为任何其他经纪公司唱歌。玛蒂娜不同意合同条款。S&E公司所有人遵守了合同条款。然而，合同并没有明文规定。玛蒂娜不知道隐含的条款。她继续工作了两年多，第三年在一家俄罗斯公司演出。该公司声称，他们被迫拒绝了澳大利亚S&E公司的一份工作，现在正在起诉玛蒂娜，要求获得佣金。他们还威胁要控告玛蒂娜违反合同条款。本报告的目的是为玛蒂娜提供建议。
P / s(原则)
Martina and Stars & Extra (S&E) had signed a contract for 5 years. It was written in the contract that Martina cannot sing on her own for any other agency. Martina did not agree to the contract terms. The S&E company owner complied to the terms of the contract. However, it was not put in words in the contract. Martina was not aware of implied terms. She continued to work for more than 2 years and in the third year she performed for a Russian company. The company claims that they were forced to decline a job within Australia S&E company is now suing Martina for commission. They are also threatening to sue Martina for the breach of the contractual terms. The purpose of this report is to advise Martina.
The two issues that will be probed for the Breach of contractual terms are
Promissory estoppel in common law
The principles of the common-law contractual terms and the advice for Martina will be done in the following.
Principles of the contract are based on five major factors. It is the materialization of the contract, scope of contractual terms, avoidance clauses of the contract, performance or even termination of a contract along with remedies.