If RealSports sues, and Bob claims impracticability, what result and why?

1. Answer Your Assigned Problems below: Apply the Legal Concept Answer your assigned problems by creating a new thread with your answers labeled. Your answer should be limited to no more than approximately 250 words for each question. Your answer should be a statement of your position and your reasoning (i.e. your argument), applying the legal concept that is being taught. If a question asks you to consider both sides, be sure you do so. Focus on correctly applying the legal concepts. You are encouraged NOT to cite cases or the specific code/section numbers of the UCC or R2K. Question from Unit 19: Problem 19.3 Sarah Bellum is a brilliant young legal scholar who is being recruited to teach at Cosmopolitan University School of Law. Sarah signs a contract to begin teaching at CUSL at an annual salary of $300,000. The contract provides that Sarah’s employment will begin on August 1. It goes on to provide: Prior to [August 1], the Employee [Sarah] shall provide to the Administration all documentation and other materials necessary to demonstrate that (1) he/she is an American citizen or otherwise authorized to engage in lawful employment in the United States; (2) he/she possesses a Juris Doctorate degree from an American Bar Association-accredited law school or an equivalent foreign law degree; and (3) he/she has been admitted to the practice of law in at least one American or foreign jurisdiction. The contract also provides that no modification to the contract may be made except in writing signed by Sarah and by the Human Resources Vice President of Cosmopolitan U. As of August 1, Sarah, who has been doing a lecture tour in the Far East, fails to supply any of these documents. She is, in fact, an American citizen, earned her J.D. with high honors from a top school, and is a member of the bar, and CUSL’s hiring committee has no reason to doubt those facts, but there is no documentation in the file. On August 2, the Human Resources Vice President at CU notifies Sarah that the contract is terminated since she did not get her documents in by August 1. Sarah, who had turned down lucrative offers from many other elite schools—where it is now too late to get a job for the year—sues. It becomes apparent that the reason that Sarah’s contract was terminated was because the CU administration had discovered a massive budget shortfall and that it no longer wanted to pay Sarah under the contract. What result and why? Question from Unit 22: Problem 22.1 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?

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