In exchange for $400,000. Clarissa offers to recreate a scene from the musical, "Annic," in business tycoon Andrew's backyard for Andrew's New Year's Eve party. Andrew is a huge Annie fan, and Clarissa threw a "super-dooper sweetener" into the offer, which stated that Clarissa would get at least ten of the cast members from the movie "Annie" to make an appearance and sing at least three Annie tunes of the party guests' choosing. Andrew is thrilled; so, that very day, in late October - 65 days before the party - Andrew accepts Clarissa's offer. The day of the party, on New Year's Eve, Clarissa calls Andrew and informs him that no one from the "Annie" cast will be making an appearance, but that the rest of the party would come off "without a hitch." Andrew is very upset. He not only wants his down payment to Clarissa of $100,000 to be returned to him, but also wants Clarissa to reimburse Andrew's incidental costs to date related to putting on the party (some prepaid costs not covered in the Clarissa-Andrew contract that concern catering and crowd control). Andrew claims that he has serious legal grounds sue Cla Does he? OYes; under the doctrine of "commercial Impracticability" Andrew can sue Clarissa. Clarissa should have foreseen the commercial impracticability of the terms of her contract and anticipated how to address foreseeable mishaps. Since Clarissa clearly did not plan ahead and as a result cost Andrew significant damage. Andrew is entitled to restitution. O No: Andrew must have been aware that it would prove difficult to obtain the cast of Annie to attend a private party. He cannot take advantage of the fact that Clarissa "bit off more than she could chew." Because Clarissa presumably made all reasonable efforts to obtain the cast, Clarissa should not be held accountable to Andrew for nonperformance. O No: under the clause of "force majeure." Andrew is prevented from seeking damages or specific performance from Clarissa. Yes, a court will order Clarissa to assemble ten or more cast members to perform at Andrew's New Year's Eve Party. O Yes: Clarissa had a legal obligation to fulfil the contract. Although it may have been hard to gather the cast of Annie to make a private appearance at a party, it was not impossible. Since it was not literally impossible, just very difficult, Clarissa cannot claim "impossibility" as a defense.

In exchange for $400,000. Clarissa offers to recreate a scene from the musical, "Annic," in business tycoon Andrew's backyard for Andrew's New Year's Eve party. Andrew is a huge Annie fan, and Clarissa threw a "super-dooper sweetener" into the offer, which stated that Clarissa would get at least ten of the cast members from the movie "Annie" to make an appearance and sing at least three Annie tunes of the party guests' choosing. Andrew is thrilled; so, that very day, in late October - 65 days before the party - Andrew accepts Clarissa's offer. The day of the party, on New Year's Eve, Clarissa calls Andrew and informs him that no one from the "Annie" cast will be making an appearance, but that the rest of the party would come off "without a hitch." Andrew is very upset. He not only wants his down payment to Clarissa of $100,000 to be returned to him, but also wants Clarissa to reimburse Andrew's incidental costs to date related to putting on the party (some prepaid costs not covered in the Clarissa-Andrew contract that concern catering and crowd control). Andrew claims that he has serious legal grounds sue Cla Does he? OYes; under the doctrine of "commercial Impracticability" Andrew can sue Clarissa. Clarissa should have foreseen the commercial impracticability of the terms of her contract and anticipated how to address foreseeable mishaps. Since Clarissa clearly did not plan ahead and as a result cost Andrew significant damage. Andrew is entitled to restitution. O No: Andrew must have been aware that it would prove difficult to obtain the cast of Annie to attend a private party. He cannot take advantage of the fact that Clarissa "bit off more than she could chew." Because Clarissa presumably made all reasonable efforts to obtain the cast, Clarissa should not be held accountable to Andrew for nonperformance. O No: under the clause of "force majeure." Andrew is prevented from seeking damages or specific performance from Clarissa. Yes, a court will order Clarissa to assemble ten or more cast members to perform at Andrew's New Year's Eve Party. O Yes: Clarissa had a legal obligation to fulfil the contract. Although it may have been hard to gather the cast of Annie to make a private appearance at a party, it was not impossible. Since it was not literally impossible, just very difficult, Clarissa cannot claim "impossibility" as a defense.