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SAGE was a successful singing group that contracted to perform at the Indie Festival rock concert. SAGE was aware that the promoter would sustain a

SAGE was a successful singing group that contracted to perform at the Indie Festival rock concert. SAGE was aware that the promoter would sustain a substantial loss if the group failed to perform. The members of the group were stricken with the flu and had to be hospitalized. All the members were still in the hospital on the day of the concert. The promoter sued SAGE for breach of contract.

(a) Will the promoter be successful?

(b) Why or why not? Explain.

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