Business contract question

The frog and the princess

In olden times there lived a king’s daughter who used to play, on warm days, by the side of a deep well under an old gum tree in the bush that surrounded the king’s castle.

Her favourite plaything was a golden ball which the king had given her, with strict instructions to look after it with the utmost care, for if she lost it she would be punished most severely, and have a miserable life for the rest of her days.

Her favourite game was to throw the ball up high and catch it.  Now it so happened that one afternoon the golden ball did not fall into the little hand which she was holding up for it, but into the well.  She was terrified, and began to cry, and cried louder and louder.  And as she thus lamented, a voice was heard: “What ails you, king’s daughter? You weep so that even a stone would show pity.”  She looked round and saw a frog stretching forth its big, ugly head from the water. 

“Ah! old water-splasher, is it you?” said she, and explained that she was weeping for her golden ball which had fallen into the well.

 

“Be quiet, and do not weep”, answered the frog, “I can help you, but what will you give me if I bring your plaything up again?”  “I’ll give you whatever you want, dear frog”, said she, “my clothes, my pearls and jewels, even the golden crown which I am wearing.” The frog answered: “I do not care for your clothes, pearls and jewels, but if you will let me be your companion and sleep in your little bed – if you will promise me this I will go down below, and bring up your golden ball again.”

 

“Oh yes”, said she, “I will give you all you wish, if you will but bring me my ball back again.”  But she thought: “How the silly frog does talk! He can be no companion to any human being!”  And, remembering that the palace was quite some distance away, and that the sun was low in the sky,  she said: “By the way, you will have to be at the palace before sunset!”  The frog did not reply to this, but disappeared beneath the water and in a short while came swimming up again with the ball in his mouth, and threw it on the grass.   The king’s daughter was delighted, and picked it up and ran away with it.  “Wait, wait,” said the frog, “Take me with you.  I can’t run as you can.”  But she ran on until she got back to the castle.

Sunset came and went, and the frog did not appear.   But at eleven o’clock that night, as the princess was preparing to go to bed, there was a soft noise at her door.  It was the frog, somewhat out of breath.  “I am here to share your bed”, he said, “as you promised me by the well.”

The princess, although she had been hoping that the frog would not turn up at all, was not wholly unprepared for this moment.   “You are welcome to sleep in my little bed”, she said.  “As for me, I have decided to move into another wing of the palace.  Good night.”

The frog has come to you for legal advice.   He wants to know whether he has a case for breach of contract against the Princess.  Advise him.

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