In exchange for $$400,000,$ Delilah offers to recreate a scene from the musical, "Annie," in business tycoon Percy's backyard for Percy's New Year's Eve party. Percy is a huge Annie fan, and Delilah threw a "super$-$dooper sweetener" into the offer, which stated that Delilah would get at least ten of the cast members from the movie "Annie" to make an appearance and sing at least three Annie tunes of the party guests' choosing.Percy is thrilled; so$,$ that very day, in late October $-65$ days before the party $-$ Percy accepts Delilah's offer. The day of the party, on New Year's Eve, Delilah calls Percy and informs him that no one from the "Annie" cast will be making an appearance, but that the rest of the party would come off "without a hitch." Percy is very upset. He not only wants his down payment to Delilah of $$100,000$ to be returned to him, but also wants Delilah to reimburse Percy's incidental costs to date related to putting on the party $($some prepaid costs not covered in the Delilah$-$Percy contract that concern catering and crowd control$).$Percy claims that he has serious legal grounds$-$to sue Delilah. Does he$?$ No; Percy 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 Delilah "bit off more than she could chew.Because Delilah presumably made all reasonable efforts to obtain the cast, Delilah should not be held accountable to Percy for nonperformance. Yes; Delilah 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, Delilah cannot claim "impossibility" as a defense. Yes; under the doctrine of "commercial impracticability" Percy can sue Delilah. Delilah should have foreseen the commercial impracticability of the terms of her contract and anticipated how to address foreseeable mishaps. Since Delilah clearly did not plan ahead and as a result cost Percy significant damage, Percy is entitled to restitution. Yes, a court will order Delilah to assemble ten or more cast members to perform at Percy's New Year's Eve Party. No; under the clause of "force majeure," Percy is prevented from seeking damages or specific performance from Delilah.Stop sharingBrowser Guard$732$JUL