Heidi and Spencer are a newly engaged couple who are excited to start planning their dream wedding. Spencer hires Serge, wedding planner extraordinaire, to help them. He signs a contract with Serge that provides he will help them plan all the details of the wedding including: the venue, flowers, catering, bridal wear, music, transportation, photography, and invitations. Spencer agreed to pay Serge $10,000 for his services. Serge is so confident in his abilities that the contract contains a clause that states Spencer does not have to pay if he and his bride are not 100% satisfied with their wedding. Because Serge is in such high demand and extremely busy, he contracts out some of his responsibilities to other planners. He hires David to take care of the flowers and Wolfgang to arrange for the food and beverages. The wedding day comes, Heidi and Spencer arrive at the resort where the wedding is going to take place. Heidi notices that the roses are not pink like she had wanted, even though Serge had assured her they would be, instead they were red. David could not get the pink roses because the prices had literally skyrocketed overnight and they no longer fit into the couple's budget. Additionally, the foie gras appetizers had been replaced by smoked salmon mousse. It turns out that a ban on foie gras had recently been put into effect making it illegal to purchase or sell in the state. Wolfgang had notified Serge of the substitution, but Serge never informed Heidi or Spencer. Despite these issues, the ceremony went well and all the guests were having a great time at the reception that followed. All of a sudden in the middle of the reception, a severe thunderstorm started and the heavy rains and gusty winds blew down the tent the event was taking place under. Everyone got soaking wet and the party came to a crashing end. Heidi and Spencer were devastated that their dream wedding had turned into a nightmare. They now want to sue Serge for breach of contract.

Does Spencer have a valid claim for breach of contract against Serge? Can he get his $10,000 back? Does Heidi have a claim against Serge as a third-party beneficiary? Can Serge be held responsible for the acts of David or Wolfgang? Was Serge permitted to assign and/or delegate his duties to them? What defenses can Serge raise? Was his performance discharged by impossibility, commercial impracticability, or operation of law? What effect would a force majeure clause be if it was included in the contract? What do you think the outcome would be if Heidi and/or Spencer sued Serge? Can they also sue David and/or Wolfgang? Can Serge sue David and/or Wolfgang?