Buddy was hired to play drums for a rock group scheduled to tour the Midwest. Part way through the tour, Buddy was tragically killed in a plane crash. The tour had to be discontinued until a new drummer could be found. The band lost money on the tour. Is Buddy's estate or agent responsible for the loss to the band?
What will be an ideal response?
True impossibility of performance terminates and discharges personal service contracts. Death of the drummer certainly leads to a situation of impossibility of performance. Neither Buddy's estate nor his agent is responsible for the loss to the band.
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