A catering contract to celebrate Black Heritage Month turned into a tough lesson for a Black-owned bakery in the South Bay earlier this month.

  • AFK BRB Chocolate@lemmy.world
    link
    fedilink
    English
    arrow-up
    70
    ·
    9 months ago

    One of the articles I read said they wanted to make it up to her by letting her do some of their other events. She cancelled other orders, got staff working long hours, and bought a shit ton of ingredients so she could make 4000 pies for them, and they just said “Never mind” like it’s no big deal.

      • CosmicTurtle@lemmy.world
        link
        fedilink
        English
        arrow-up
        31
        ·
        9 months ago

        Eh…having been on both sides of contracts like this… typically a kill clause is sided heavily toward the one with money.

        And even if it wasn’t, Tesla has more money to drag out the fight in court long enough that the pie company won’t be able to survive.

        • ZMonster@lemmy.world
          link
          fedilink
          arrow-up
          7
          ·
          edit-2
          9 months ago

          Is it unheard of for a bakery to establish arbitration agreements to avoid this exact situation? From my understanding, courts are reticent to insert themselves in arbitration unless the agreements made were invalid. ¯\_(ツ)_/¯

        • pearsaltchocolatebar@discuss.online
          link
          fedilink
          arrow-up
          5
          arrow-down
          1
          ·
          9 months ago

          Tesla isn’t going to call their lawyers for $4k. The phone call would cost more than just paying her. If she filed in small claims, chances are good they wouldn’t even show up.

            • pearsaltchocolatebar@discuss.online
              link
              fedilink
              arrow-up
              4
              ·
              9 months ago

              You’re right, my bad. That’s likely a bit too much for small claims, so they might send in an intern or something.

              But, Tesla’s PR department will probably be giving her the $16k and apologizing for the “miscommunication” before too long.

              • ColeSloth@discuss.tchncs.de
                link
                fedilink
                arrow-up
                1
                ·
                9 months ago

                You would think tesla would, but who knows what they’ll do if Musk decides he doesn’t like her.

                $16k is too much for small claims, but I believe she could get $10,000 from small claims and lawyers aren’t allowed in small claims court in San Fran, so she should be able to just go directly after the person who placed and canceled the order.

        • Kecessa@sh.itjust.works
          link
          fedilink
          arrow-up
          4
          arrow-down
          1
          ·
          9 months ago

          You would usually charge enough to break even in case of cancellation and only charge the “profit” part upon delivery…

      • ooterness@lemmy.world
        link
        fedilink
        English
        arrow-up
        42
        arrow-down
        1
        ·
        9 months ago

        Sounds an awful lot like detrimental reliance to me…

        Why is this getting downvoted?

        Detrimental reliance is the legal principle that would allow the bakery to recover damages from Tesla. In summary: “You promised to pay me for this, and I acted accordingly, but you didn’t follow through, so pay up.”

      • Vytle@lemmy.world
        link
        fedilink
        arrow-up
        22
        arrow-down
        7
        ·
        9 months ago

        Yes because god forbid someone have the audacity to believe a corporation will behave in a professional manner.