Two Irish Mixed Martial Arts promoters doing business under the name Global MMA (GMMA) signed a contract with Tim Loy, an American MMA promoter in which Loy promised to produce Alex Garcia for a match against Neil Seery.

Garcia and Seery had been scheduled to fight the previous year, but the match was canceled due to Garcia's positive drug tests.

In his contract with the GMMA, Loy promised to produce Garcia for a fight, but the contract required Garcia to take drug tests before and after the match.On the day of the fight, Garcia tested positive once again for performance enhancing drugs and was disqualified.GMMA sued Loy, claiming that Loy breached their contract by failing to produce Garcia for the fight. Loy argued that his breach was excused, because Garcia's performance was impossible due to his disqualification.Was Loy right?