Reference no: EM131675309

Question: The opera company was hired to perform in the outside pavilion of the Wolf Trap Foundation. The company performed the three performances without problem. Then, right before the last performance, a severe thunderstorm moved into the area and created an electrical storm. The storm cut the power on the pavilion where the performance was to have taken place. The Wolf Trap Foundation never paid the opera company for the last performance. Thus, the company took the foundation to court, demanding payment because the performers were ready and willing to perform at the event for which the company was scheduled. The foundation argued that it was dismissed from the contract due to impossibility to perform. The first court found in favor of the opera company, and the foundation appealed. How do you think the appellate court decided?