Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

تمرين 8

Arabian Score, a limited partnership, contracted to buy a colt, Score, from Lasma Arabian Ltd. Arabian agreed to pay $1 million for Score and for Lasma's promotion of it. Lasma was required to spend $250,000 over five years promoting Score as a "2 Star Stallion" for stud purposes. The contract also provided that all risk passed to Arabian on the purchase of Score, and Arabian took out mortality insurance on the horse. Score died within the year, having sired two foals. The insurance company went broke. Arabian sued Lasma for the part of the $250,000 it had not spent promoting Score. Does impossibility or commercial frustration excuse performance of the contract?