The Opera Co. of Boston and the Wolf Trap Foundation entered into an agreement whereby the Opera Co. would perform an opera for four nights in a row at a theater operated by the Wolf Trap Foundation. In return, the Opera Co. would be paid $60,000, plus $53,000 for each performance. The Opera Co. performed on the first three nights without any problems. On the fourth night, however, an electrical storm knocked out power to the theater, and Wolf Trap had to cancel the performance. Because it did not perform, the Wolf Trap Foundation did not give the Opera Co. its final $53,000 payment. The Opera Co. sued to recover its last payment. Wolf Trap argued that it did not have to make the last payment because the contract was impossible to perform.

question: Is Wolf Trap liable for the last payment? What are the factors the courts will use to make a determination?

Is Wolf Trap liable for the last payment? What are the factors the courts will use to make a determination