Parcel carriers used to perform a major business in shipping goods across the country overnight via aircraft, as you know if you shop online. In addition to the new clothes that you purchase, though, these carriers ship critical parts and machinery that industrial companies often need sent to them quickly by suppliers thousands of miles away. Freeman Motors is such a company, and Ames Widgets is such a supplier.

On September 10, 2001, Freeman's machine broke, and it urgently needed a part from Ames. So, Freeman and Ames contracted for Ames to have the needed part shipped overnight on FedPSU, a well-known air carrier, to arrive at Freeman's factory on the next afternoon. That next morning, however, the 9/11 tragedies struck, and the federal government grounded all flights nationwide.

That meant that the air carrier could not take off, and, as a consequence, that Ames couldn't deliver as promised. Freemanlosing money by the minutewas furious (and fairly unreasonable and uncompassionate too, apparently). Eventually, Freeman sued Ames for failing to deliver as promised, and claimed great sums of damages. Who should prevail in that suitwill a court hold Ames to its promise to have the part delivered at the specified time