Question: if my sister pays 1-800-Flowers to deliver flowers on my birthday, and they neither succeed in such a delivery nor notify me that it was to be made, and they send her a "delivery confirmation" that states, "Your order to PG was delivered on Thursday, 09/13," then has the company acted fraudulently? It was within the company's power to notify me but they did not, and they falsely started that a delivery had been made. I would be less inclined to call fraud had they simply delivered to the wrong person (e.g., a neighbor had accepted the delivery), but it just wasn't done at all. There was no delivery, merely an attempt. The daisies are sitting in the 1-800-Flowers warehouse.
In other contractual birthday thoughts, I highly recommend Cheap Shots on the Lower East Side if you want a dive bar. Not only did they entirely fulfill their advertised promise of unlimited free drinks on one's birthday, the bartender gave my friend a free drink and a free shot after she'd bought two drinks (and those at the Thursday Ladies Drink Half Price rate), and was disappointed to see me go before I'd had so much free booze that I'd stumble.