Question: In exchange for $ 4 0 0 , 0 0 0 , Ophelia offers to recreate a scene from the musical, Annie, in business tycoon

In exchange for $400,000, Ophelia offers to recreate a scene from the musical, "Annie," in business tycoon Elbert's backyard for Elbert's New Year's Eve party, Elbert is a huge Annie fan. and Ophelia threw a 'super-dooper sweetener" into the offer, which stated that Ophelia 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. Elbert is thrilled, so, that very day, in late October -65 days before the party - Elbert accepts Ophelia's offer. The day of the party, on New Year's Eve. Ophelia calls Elbert 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." Elbert is very upset. He not only wants his down payment to Ophelia of $ 100,000 to be returned to him, but also wants Ophelia to reimburse Elbert's incidental costs to date related to putting on the party (some prepaid costs not covered in the Ophelia-Elbert contract that concern catering and crowd control). Elbert claims that he has serious legal grounds to sue Ophelia. Does he? Answer Choices: -Wes. Ophelia 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 possible, just very difficult, Ophelia cannot claim "impossibility" as a defense. Yes, a court will order Ophelia to assemble ten or more cast members to perform at Elbert's New Years Eve Party No under the clause of "force majeure," Elbert is prevented from seeking damages or specific performance from Ophelia. Yes, under the doctrine of "commercial impracticability" Elbert can sue Ophelia, Ophelia should have Foreseen the commercial impracticability of the terms of her contract and anticipated how to address foreseeable mishaps. Since Ophelia clearly did not plan ahead and as a result cost Elbert significant damage, Elbert is entitled to restitution No: Elbert must have been aware that it would prove difficult to obtain the cast of Annie to attend private party. He cannot take advantage of the fact that Ophelia "bit off more than she could chew Because Ophelia presumably made all reasonable efforts to obtain the cast. Ophelia should not bo held accountable to Elbert for nonperformance

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related General Management Questions!