Racer contracted in writing to drive Owners one-of-a-kind, specially designed championship race car in the Miami 500 Race on July 15 for a fee of $2500to be paid by Owner. On July 1, the race car was destroyed in an accidental fire in a storage warehouse where the race car was being stored prior to the race. Owner owns no other race cars, so Owner considered the contract discharged. Racer claimed that she is still entitled to the $2500 fee because she and Owner had a valid enforceable contract.

Since this s a one of a kind vehicle, the contract is terminated without liability to either party because of the doctrine of impossibility of performance.

If the vehicle was merely a race car and not a one of a kind race car, could the result here be different?