BetterLawNotes-5 (2)


D is a well-known influencer with a long-established social media presence. She has entered into a contract with C, a professional artist, for C to paint separate portraits of her three dogs, X, Y and Z. Under the terms of their agreement, C will visit D’s house during the month of June to work on the portraits. All three portraits are to be delivered by 30th June and D agrees to pay £20,000 for each portrait, the price for each being payable within 7 days of delivery. The agreement also provides that D will enter the portraits into an upcoming national competition for pet paintings. Should any of the three portraits win, C would qualify for the competition prize of £50,000. Finally, the agreement states that C will paint a portrait of D’s boyfriend, B, for a fee of £20,000 should D decide she wants it done.

On 1st June, C makes the half-hour journey by car to D’s home to begin painting. By 5th June, C has completed the portrait of X and he delivers the finished painting to D that day. C then continues with the project until 15th June when D’s security team refuses to allow C onto D’s property. D texts C to tell him that she has changed her mind. She does not want C to finish the portraits of Y and Z. While she will keep the portrait of X, she can’t afford to pay £20,000 but can offer C £5,000 for it. D also says that she is too busy to enter the portrait of X into the national competition. She also tells C ‘not to bother’ with the portrait of B as he has run off with her fitness instructor.

C is devastated by this course of events. Having texted D to refuse her offer of £5,000 and tell her he wants nothing more to do with her, he checks himself into a private health clinic. C maintains that D’s actions have caused him to suffer severe depression and anxiety. He remains in the clinic for a month, running up a bill of £70,000. 

Advise C what liability D may have to him for breach of contract.

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