• Bob is a famous professional athlete in Metropolis.
• Bob 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 must arrive for the grand opening of the store at 9:00 a.m., sign autographs in two two-hour sessions, and then 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 amount in advertising for the store's grand 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, Bob physically assaults a police officer, pulls a gun, and is forcibly subdued. When his car is searched, a substantial amount of illegal drugs 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.

(1) Assume that 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). But, he could raise the bail money by taking out a loan or selling assets. He decides not do so. Instead, he notifies RealSports that he will not be at the opening because he is in jail. If RealSports sues Bob, and Bob claims impossibility, what do you think would probably be the result, and why?

(2) Assume instead that Bob is released without bail (on his own recognizance) after the incident. Bob is determined to attend the opening because he needs the money to pay for a criminal attorney to represent him. RealSports, however, tells him that it is canceling the contract and will not pay Bob. If Bob sues RealSports, what do you think would be RealSports's defense, and what do you think would probably be the result, and why?