Artist contracts with Company to paint a mural in the lobby of Company's building. Artist is famous
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Question:
Artist contracts with Company to paint a mural in the lobby of Company's building. Artist is famous for his murals and has a unique style. Artist is also a thrill seeker. After contract formation, Artist goes skydiving and suffers an unfortunate accident when he purposely waits too long to open his parachute because he wanted to experience more of an adrenaline rush. As a result of his decision, Artist breaks both of his arms and crushes his hands so he cannot paint. Company brings a breach of contract claim. Will Artist be successful in asserting a changed circumstances defense? Which defense is most applicable? How would a court analyze the issue?
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