Sling, a very popular rock star, entered into a contract with Joe Promoter pursu

Question

Sling, a very popular rock star, entered into a contract with Joe Promoter pursuant to which Sling is to play a concert at Stabler Arena. Joe Promoter sold over 10,000 tickets to the concert. Unfortunately, on the day of the concert,Sling was unable to perform due to a severe illness. The contract is silent with respect to illness, disability, or death of Sling. Sling does not perform the concert. Joe Promoter sues Sling for breach of contract. The court will most likely hold Sling: Select one: a. Liable for breach of contract. O b. Liable because it was impossible for him to perform. c. Liable because his actions amount to a material breach. d. Not liable because he substantially performed. e. None of the above.

Explanation / Answer

SLING IS NOT LIABLE, BECUASE IT WAS IMPOSSIBLE FOR HIM TO PERFORM DUE TO SEVERE ILLENESS.

THIS CAN BE GENUINE REASON FOR NON PERFORMANCE. IF THE TYPE OF ILLNESS IS THAT WHICH CAN NOT FORESEEN OR PREVENTED THEN SLING SHALL NOT BE MADE LIABLE.

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