QUESTION II Mr. Snoob is a famous rapper. On November 1, he signed a contract with Big City TV to perform on their big show on New Years Eve. Big City TV agreed to pay Snoob $100,000 for his performance. However, the contract also provides that if for any reason Snoob does not appear as scheduled, he will forfeit the sum of $50,000 as liquidated damages. Snoob has been on a tour since May 1 and is starting to feel very weak and exhausted. On November 22, he informed Big City TV that his immune system was down and he would most likely not be able to perform on New Years Eve. However, on December 1, Snoob informed Big City TV that all of a sudden he was feeling very good and said he would appear on Big City TV on New Years Eve. On December 5, Big City TV informed Snoob that they did not want to deal with somebody so unprofessional and unpredictable and, therefore, they hired Tubac to replace him on New Years Eve. However, on December 15, Tubac got killed. Big City TV immediatelly contacted Snoob and told him they changed their mind about him and, therefore, would like Snoob to perform on New Years Eve.

Part A Based on the given facts, is Snoob obligated to perform on Big City TV's New Years Eve program? Discuss all relevant issues. Part B On New Years Eve, Snoob showed up in the Big City TV studio all pumped-up and ready to go. However, Big City TV, pursuant to orders from the Federal Communications Commision, canceled its New Years Eve show in order to broadcast a special address by the President of the United States concerning a matter of national security. How does this event affect the contractual duties between Snoob and Big City TV?