Kirk's Big Fat Wedding Nightmare

Kirk from Kentwood wants to open a wedding venue called "Deer Creek" - a bougee rustic outfit in the country where couples can get hitched under the stars.

In February 2023, Kirk orders tables, chairs and linens from a company called "Your Big Day" - Kirk pays up front for these items at a cost of $10,000. He is specifically told that the items will arrive before the first wedding. Kirk receives an email confirmation of the Order which guarantees a May 1, 2023 delivery. "Your Big Day" is a company based in New York City. "Your Big Day" has an extensive online presence and ships all over the country. Kirk tells his sales rep he needs the items by May 1st at the latest.

Kirk also orders 10 cases of wine from "Wino" in Paso Robles to get started. Kirk's credit card is also charged $3000.00 for this wine, but there is no promised date of delivery. "Wino" is based in California.

Kirk works hard to get the venue up and running by wedding season, which in Louisiana starts about May and ends in August/September. Once constructed, Kirk's bougee barn is immediately booked for three weddings in June 2023. Kirk and his wife (who is expecting triplets) are thrilled with the potential income of a $15,000 per night rental plus a beer/wine package.

By May, Kirk was getting nervous as the wine and linens/tables were nowhere to be found. By the first wedding date of June 1, 2023 only one case of the wine had arrived and the wine was sour, so Kirk had to purchase wine locally at double the cost of the ordered wine. The tables and chairs that were promised by May 1, 2023, were also held up by the manufacturer and were not delivered by the first wedding of June 1, 2023. Kirk had to borrow tables and chairs from his mom and sisters to make things work, but the bride was very unhappy and promised to give Kirk a bad Yelp review because of the non-bougee tables and chairs and linens.

1. Does Kirk have a valid contract with "Your Big Day" - if so, what do you believe the "terms" of this contract to be? Has "Your Big Day" met the terms specified? (See Ch. 6 pp. 171-178)

2. Is the contract with the linen company oral or written or some combination of the two? If oral, is that valid? (See Ch. 6 pp. 171)

3. Assume that Kirk had a valid contract and he believes "Your Big Day" is in "breach" - where could Kirk sue "Your Big Day" - i.e. in what state and what Court would Kirk be able to sue in?? Where would you want to sue "Your Big Day? Tell me why. (See Ch. 3 pp. 84-95).

4. What damages can Kirk seek from "Your Big Day"? Lost profits? Damage to reputation? (See Lecture on Contracts above)

5. In the midst of setting up the venue for the wedding, Kirk realizes he has forgotten to get an operating license from the County - he knows he will only get a $100 ticket per day for the infraction and is scared to try to get the permit now and risk having the wedding shut down. What would you do and why? (Ch. 1 , p. 21-23)

6. The bride wants to sue Kirk following the wedding as her sister fell and hit her head on a fence post after drinking 8 Budweisers. Kirk had the bride sign an agreement to mandatory "arbitration" for any claim made arising out of the wedding. Can Kirk make the bride's sister arbitrate? Why or why not? What facts would you like to know?? (See Ch. 4, pp. 124-127))

Extra Credit 10 points to overall grade for class: To make matters worse, the Bride loses her wedding band. She stands up at the wedding and announces a $5000 prize for anyone who finds the ring and returns it to her. Kirk's wife finds the band a year later while cleaning - can Kirk's wife demand the prize?? tell me why or why not? (See Ch. 6 generally and p. 172-173).

Kirk's Big Fat Wedding Nightmare

Kirk from Kentwood wants to open a wedding venue called "Deer Creek" - a bougee rustic outfit in the country where couples can get hitched under the stars.

In February 2023, Kirk orders tables, chairs and linens from a company called "Your Big Day" - Kirk pays up front for these items at a cost of $10,000. He is specifically told that the items will arrive before the first wedding. Kirk receives an email confirmation of the Order which guarantees a May 1, 2023 delivery. "Your Big Day" is a company based in New York City. "Your Big Day" has an extensive online presence and ships all over the country. Kirk tells his sales rep he needs the items by May 1st at the latest.

Kirk also orders 10 cases of wine from "Wino" in Paso Robles to get started. Kirk's credit card is also charged $3000.00 for this wine, but there is no promised date of delivery. "Wino" is based in California.

Kirk works hard to get the venue up and running by wedding season, which in Louisiana starts about May and ends in August/September. Once constructed, Kirk's bougee barn is immediately booked for three weddings in June 2023. Kirk and his wife (who is expecting triplets) are thrilled with the potential income of a $15,000 per night rental plus a beer/wine package.

By May, Kirk was getting nervous as the wine and linens/tables were nowhere to be found. By the first wedding date of June 1, 2023 only one case of the wine had arrived and the wine was sour, so Kirk had to purchase wine locally at double the cost of the ordered wine. The tables and chairs that were promised by May 1, 2023, were also held up by the manufacturer and were not delivered by the first wedding of June 1, 2023. Kirk had to borrow tables and chairs from his mom and sisters to make things work, but the bride was very unhappy and promised to give Kirk a bad Yelp review because of the non-bougee tables and chairs and linens.

1. Does Kirk have a valid contract with "Your Big Day" - if so, what do you believe the "terms" of this contract to be? Has "Your Big Day" met the terms specified? (See Ch. 6 pp. 171-178)

2. Is the contract with the linen company oral or written or some combination of the two? If oral, is that valid? (See Ch. 6 pp. 171)

3. Assume that Kirk had a valid contract and he believes "Your Big Day" is in "breach" - where could Kirk sue "Your Big Day" - i.e. in what state and what Court would Kirk be able to sue in?? Where would you want to sue "Your Big Day? Tell me why. (See Ch. 3 pp. 84-95).

4. What damages can Kirk seek from "Your Big Day"? Lost profits? Damage to reputation? (See Lecture on Contracts above)

5. In the midst of setting up the venue for the wedding, Kirk realizes he has forgotten to get an operating license from the County - he knows he will only get a $100 ticket per day for the infraction and is scared to try to get the permit now and risk having the wedding shut down. What would you do and why? (Ch. 1 , p. 21-23)

6. The bride wants to sue Kirk following the wedding as her sister fell and hit her head on a fence post after drinking 8 Budweisers. Kirk had the bride sign an agreement to mandatory "arbitration" for any claim made arising out of the wedding. Can Kirk make the bride's sister arbitrate? Why or why not? What facts would you like to know?? (See Ch. 4, pp. 124-127))

Extra Credit 10 points to overall grade for class: To make matters worse, the Bride loses her wedding band. She stands up at the wedding and announces a $5000 prize for anyone who finds the ring and returns it to her. Kirk's wife finds the band a year later while cleaning - can Kirk's wife demand the prize?? tell me why or why not? (See Ch. 6 generally and p. 172-173).