By Charity Ngabirano
Last week, social media users were treated to an album of socialite Zari Hassan’s pictures as she enjoyed some precious time with her young lover Shakib Cham Lutaaya. In the pictures the two are seen being lovey-dovey, allover each other’s lips and other body parts.
The intimate pictures which were taken by a professional photographer were according to the gorgeous mother of five, not supposed to be released before she approves them.
Zari claims she did not approve the release of these pictures and therefore this constitutes breach of contract by Divine Resort and Spa, the place where the pictures were taken from. Infuriated by this breach, Zari announced the termination of the deal she had with this resort and even ordered them to delete all her pictures including those they had sent to bloggers.
All factors held constant, Zari could be in for some big monies if she chooses to go legal regarding the breach of contract by the famous resort.
A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. It is a violation of any of the agreed-upon terms, obligations, and conditions of a binding contract.
The breach could be anything from a late payment to a more serious violation, such as delivering the wrong assets. And in this case it is the failure by the other contractual party to adhere to the terms of the contract they made with the city socialite. A breach of contract can happen in both oral and written agreements and the parties can choose to either settle between themselves or go to court.
First and foremost, there has to be a contract and in this case Zari claims that they signed one. Onto the next step, court examines the responsibilities of each party of the contract to ascertain where the breach is. It should be noted however, that a breach of contract is not a crime and cannot therefore be treated as a criminal offence unless it maybe involves other things like fraud. It is considered a matter between private parties rather than something that affects society as a whole.
Zari, if successful, will be a beneficiary of remedies like; An injunction directing Divine Resort and Spa to stop using her pictures anywhere, Rescission, where Zari will be allowed to cancel the contract, and monetary damages as a legal remedy for breach of the contract. If there are any damages they agreed to in their contract in case of a breach, then she gets that too.
