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 perform 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 drugschiefly cocaineis 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?