Metallic Lightning Custom Boars, L.L.C. (MLCB) is a company in Clearwater, Florida that sells, leases, and services motorcycles. Currently, MLCB has an agreement that is creating headaches for its owner, Peter Honda.

MLCB accepted Mr. Jack Hoppers 1939 Vincente White Shadow into its shop for repair. Not having a service technician employee capable of repairing the old motorcycle, MLCB agreed to have Harry Handlebar (so nicknamed for his mustache) Fonda repair the bike. Unfortunately, Harry died in a motorcycle accident last weekend before he repaired the bike. Only two other motorcycle repair specialists in the world can repair the rare Vincente White ShadowOne, Jacques La Rue, is semi-retired and living in Paris, France, while the other, George Hudson, is fully retired and living in Vancouver, Canada. Mr. La Rue is willing to travel to Tampa, Florida to repair the motorcycle, but he will only do so for a $15,000 service fee plus expenses. In MLCBs original arrangement with Harry Fonda, Handlebar had agreed to do the work for a $3,000 service fee. Based on Handlebars original quote, MLCB agreed to charge its customer a $4,000 service fee (for a $1,000 profit). If MLCB is required to call upon Mr. La Rue, it will lose $11,000 for the service repair (the difference between what it must pay Mr. La Rue, $15,000, and what it can charge its customer, $4,000). Mr. Hudson is not willing to repair the motorcycle; after all, he is fully retired.

Provide your response in three paragraphs.

Paragraph 1: Identify and define the doctrine that may discharge MLCBs performance obligation in this case.

Paragraph 2: Identify and define the primary legal theory supporting the enforceability of the agreement in this case.

Paragraph 3: Identify who will likely prevail in this case and explain why.