Bush v. ProTravel International, Inc.
Civil Court of New York, Richmond County
746 N.Y.S.2d 790 (2002)
Alexandra Bush (plaintiff) booked a safari through ProTravel International, Inc. and Micato Safaris (defendants), paying a $1,516 deposit forfeitable if she didn't cancel by September 14, 2001. The September 11 attacks then disrupted travel to and from Manhattan and interrupted phone service for days; Bush made repeated unsuccessful attempts to call and cancel before the deadline, finally reaching ProTravel in mid-October, at which point the defendants refused to return her deposit. Bush sued for the deposit, and both defendants moved for summary judgment.
Whether a party to a contract may be excused from performance when unforeseen circumstances make it objectively impossible to perform under the agreement's terms.