The St$.$ Francis Hotel in San Francisco entered into a standard contractual agreement with ABD Wine and Spirits to have $40$ cases of champagne delivered for a New Year's Eve Celebration held on its premises. Delivery was due on December $27$th$,$ but the seller failed to deliver siting an oversight on their part. As a result the restaurant stated it was unable to offer its patrons champagne on New Year's Eve. The restaurant sued the seller for breach of contract, claiming lost profits from the sale of alcohol that evening and from future bookings by guests who attended the function that evening. Claiming that they were angry because of the lack of champagne, noting that it had ruined their evening. Thus patrons would be discourage from hosting parties at the restaurant because of the incident. Will the restaurant be successful in a lawsuit against ABD.

Yes, based on privity they both must execute the agreement based on the written terms.

No$,$ ABD can only deliver what they have in stock.

$No,$ the restaurant had ample time to mitigate the issue and failed to do so$.$ This results in economic waste and is not recoverable.

Yes, ABD did not deliver on the contract htat they agreed to$.$