Sub-zero Freezer Co. v. Cunard Line Ltd.
United States District Court for the Western District of Wisconsin
2002 WL 32357103
Sub-zero Freezer Company (Sub-zero) (plaintiff) contracted with Cunard Line Limited (Cunard) (defendant) to rent a cruise ship for a Mediterranean cruise, prepaying $892,000 non-refundable if Sub-zero cancelled; the contract also relieved Cunard of liability for nonperformance even during a terrorist attack or war, unless the U.S. government officially barred sailing. After the September 11 attacks, the State Department issued travel warnings but never ordered Cunard not to sail. Sub-zero sought to reschedule or get a refund, Cunard refused both, and Sub-zero sued for the cruise payment; Cunard moved to dismiss.
Whether the impossibility of performance doctrine applies when the parties' contract already contemplates the actual unforeseen event giving rise to the claim of impossibility.