Mildly Infuriating
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Depends on the terms of the contract...
The irony here is that they missed payment - she called them about that, and they asked her if she could increase the order…. And she did.
Like, they already missed payment, don’t put more at risk.
@FuglyDuck that's a tactic described in the 19th century novel Vanity Fair for evading payment. If your dressmaker sends you a bill then immediately order more dresses.
It is.
It's also a super common thing. Which is why it's important to learn how to say "no",
@FuglyDuck Definitely. Or even just to make that yes conditional on the client paying their earlier invoice first.
I learned that the hard way myself.
yeah.
fortunately for me, my lesson was only a few grand... not that it was baked goods.
Personally, I'd use their bureaucracy against them.
Send a generic invoice "care of" accounting. knock of the delivery fee. make it as nondescript as possible so it gets handed to the intern that just rubber stamps every stupid thing their stupid CEO gets into.
It's worth a shot.
Eh, if she really wanted to take it to court I'm relatively sure her case is sound. A reasonable man knows you cannot cancel such a large order of perishable goods on short notice. She probably had her own reasons, whether lack of savvy, a belief the media campaign would serve her better, or maybe even just that she doesn't want to go to court.
Just go directly after the person who made the order and take them to small claims court. She could only recoup $10,000 that way, but I believe the person would have to show. Not some lawyer on their behalf. I believe in California, lawyers are not allowed to represent anyone in small claims. Chances are the tesla person wouldn't even show and several months later the baker would eventually end up with a check.
What's stopping anyone from going to small claims with elon musk or any other high profile Californian? Just curious, I'm not from the US.
I don't know that there's anything that would stop it, really.
But like, what's your point?
Setting aside all the practical ways this suit could be handled affordably (e.g., her actual damages were a much smaller monetary sum compared to that invoiced amount and probably eligible for small claims)...
Having a policy around cancellations in the invoices would not materially effect anything here. While it might be helpful to ensure a good-faith customer behaves in a professional and appropriate way, such policies have little effect on a bad-faith customer.
Even without an explicit policy, this is fairly straightforward promissory estoppel, or at least something very much like it. If she had a policy, she would have a very strong case. Without, I still reckon she has a very strong case -- pretty much just as strong. Either way, the recourse is the courts.
If not, over the course of decades, every one of those pies needs to go in a Tesla C-level face.
Slowly, steadily, inexorably, randomly.
Make them fear to turn any corner on the street. Make them see pies in their dreams.
Depends on the location, some places would have considered the purchase a contract of itself.