this post was submitted on 24 Feb 2024
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Mildly Infuriating
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Depends on the terms of the contract...
Yeah, apparently, because it was some small business owner, she only invoiced the order, and didn’t have some elaborate no cancellation policy in a contract for an order that size. It’s terribly unfortunate, but she probably should’ve known better (as a freelancer, myself, I once had to learn this very lesson the hard way, although it did not cost me nearly so much). I guarantee she’ll never ever make that mistake again, but, sadly, it may be because she is now going out of business.Tesla are such shit for doing this to her, and the very least they could do is pay for their order.
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.
see, this, then, gets very tangled in the terms of the agreement, and - as there seemingly were none - and lawsuit could get dismissed. or a judge could decide that Tesla is liable anyway, and then Tesla would appeal, costing the business owner even more in legal fees.
if Tesla was ever going to pay the $16k, they would have done it long before engaging in a legal dispute that will end up costing tens, if not hundreds, of thousands of dollars more. at this point, it has nothing to do with money, and everything to do with fucking this lady over as hard as they can to punish her for embarrassing them.
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.
yeah, well, that’s all fine and good if she could afford a good lawyer to take up her case, but she’s financially screwed because of this and is already struggling to even keep her business open. rich people can afford to just sue everyone who makes them mad, but small business owners like this lady who went out on a limb for this huge order and got screwed may not be able to afford to shell out the money it would cost to engage in a lengthy lawsuit with the legal powers of Tesla.
so, what the law allows her to do and what she is practically capable of doing are probably two very different things in terms of her being able to seek legal remedy.
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.
the point is that there's a difference between a legal path for her to pursue her claim and her potential financial ability to do so, and that this represents a fundamental inequality of the application of fair justice for those who can't afford it.
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.