FAMOUS

Bob is a famous professional athlete in Metropolis. He is hired by RealSports, a regional chain of athletic apparel superstores, to appear at the grand opening of their newest store in Metropolis. The contract provides that Bob will arrive for the grand opening of the store at 9:00 a.m., will sign autographs in two two-hour sessions, and will do an afternoon free sports clinic for school children at a nearby park. Bob is to receive $50,000 for his appearance. RealSports spends several times that in advertising for the opening on television, radio, newspapers, and social media, all of which tout Bob’s attendance at the opening. Two days before the scheduled visit, Bob is arrested for drunk driving. When apprehended, he physically assaults a police officer, pulls a gun, and is forcibly subdued. When his car is searched, a substantial amount of illegal drugs—chiefly cocaine—is found. Bob is taken to jail and booked on several felony charges. The news spreads quickly, and soon every sports outlet in the country is talking about little else than Bob and his arrest. (a) At Bob’s bail hearing the next day, bail is set at $1 million. Bob is strapped for cash (which is one of the reasons he is doing store openings), although he could raise the bail money by taking out a loan or selling assets. He does not do so. Instead, he notifies RealSports that he will not be at the opening because he is in jail. If RealSports sues, and Bob claims impracticability, what result and why

(b) Assume instead that Bob is released on his own recognizance after the incident. Needing money to pay for a lawyer, he is determined to attend the opening. RealSports, however, tells him that it is repudiating the contract and will not pay him. If Bob sues, what is RealSports’s defense? What result