On January 1, the CEO of a company that manufactures innovative electronics equipment engaged a well-known motivational speaker to address his employees at the company’s annual retreat on March 1, for a fee of $75,000, paid in advance. The manufacturer was eager for the speaker talk to his employees at this retreat for two reasons: (1) recent layoffs had created poor morale; and (2) the company planned to launch a new product on May 1, and the success of the new product depended in large measure on generating enthusiasm for the new technology. The CEO had to be sure his employees were on board and excited about the new product.In mid-February, a world-wide flu epidemic caused several nations to close their borders to international traffic. The motivational speaker, who had been vacationing in Australia at the time, was quarantined there and was unable to fly out to attend the retreat; however, he offered to fly directly to the company’s headquarters and address employees there as soon as he was released from quarantine and allowed to travel.If the CEO sues on the contract for return of the $75,000, who will prevail?
A.
(A) The CEO, because his purpose in contracting the motivational speaker has been frustrated.
B.
(B) The CEO, because the doctrine of impracticality excuses his performance under the contract.
C.
(C) The speaker, because the impossibility is only temporary and he is willing to perform.
D.
(D) The speaker, because the epidemic and quarantine were not foreseeable.