FACTS. Lady Gaga fully intends to appear and perform at the Bellagio on New Year’s Eve 2013. On December 30, 2015, while driving from Los Angeles to Las Vegas, Lady Gaga stops at the In Out Burger on Interstate Highway 15 near the border community of Primm, Nevada. After eating her burger, Lady Gaga becomes deathly ill with food poisoning. On her arrival in Las Vegas he is hospitalized and is physically unable to appear and perform on New Year’s Eve 2015.
1. Lady Gaga claims that he is excused from having to perform on New Year’s Eve. Is this true? What is the term used to describe this type of excuse of a contractual obligation? Explain your answer. Can Lady Gaga retain the $1,000,000 advance payment?
2. Can the Bellagio recover damages from Lady Gaga for lost ticket sales and guest cancellations even though he became ill? Explain your answer.