Adriana entered into a 5-year agreement to act as agent for Musica Lid, which specialise in the manufacture of musical instruments.

Tutorial problem 3 Adriana entered into a 5-year agreement to act as agent for Musica Lid, which specialise in the manufacture of musical instruments. The agreement is for the whole of the Berbyshire territory, and Adriana has the exclusive right to promote and sell Musica Lid’s instruments within that territory. Under the terms of the agreement, Adriana pays $40 for each instrument. She is to visit Berbyshire music shops and other outlets, with the purpose of securing sales of the instruments and making a profit on this. Unfortunately, Musica Lid have recently threatened to terminate their contract with Adriana (which under its terms, they are not entitled to do) unless she is prepared to pay double the price for each instrument. The terms of the distribution agreement only allow Musica Lid to increase the instrument price by 5% per annum. Adriana reluctantly signs a new agreement with Musica Lid to this effect, because (as Musica Ltd well knows) she really needed the work at that time. However, she now regrets this. Advise Adriana as to whether she can set aside the new contract with Musica Ltd. – the issue at hand is whether this is case of undue influence. Which is influence is put on one party by another to get them to enter into a contract. – Generally takes place in the context of the parties pre-existing relationship