Photographer was hired to work for eight hours at a wedding ceremony and reception. Due to the demands of the location and number of photographs required at a typical wedding, Photographer hired an assistant to help her for the entire eight hours. Photographer would provide all the equipment. The assistant would take photos of details such as flowers and programs, help direct the wedding party for portraits after the ceremony, and generally provide support throughout the day. In exchange, Photographer would pay the assistant $2,000.
On the day of the wedding, however, the assistant did not show up. Photographer called every phone number she had for the assistant and was unable to speak with the assistant. Photographer also called several other photographers and photographer assistants in the area, but as the wedding was held on a Saturday in June, they were all booked at other events already.
In desperation, Photographer asked if any of the waitstaff or other vendors setting up for the wedding had any photography experience. Florist, who had just finished delivering flowers for the ceremony and reception, said that he considered himself an avid hobbyist photographer. Eager for the help, Photographer asked if Florist was available to act as her assistant for the rest of the day, saying, “This would really help me out, and I’ll make it worth your while.” Florist agreed, and spent the day acting as Photographer’s assistant.
At the end of the wedding, Photographer hugged Florist and said “Thank you so much, you really helped me out here. I was going to pay the assistant I hired $2,000, and I’ll send you a check for that amount.”
The following week, however, Photographer changed her mind, and has now refused to pay Florist any money for his services.
- Did the conversation between Photographer and Florist at the beginning of the wedding day create a binding agreement? Explain.
- Did the conversation between Photographer and Florist at the end of the wedding day create a binding agreement? Explain.
- Did the conversation between Photographer and Florist at the end of the wedding day create a binding moral obligation? Explain.
- Did the conversation between Photographer and Florist at any point during the wedding day create an enforceable promissory estoppel claim? Explain.