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.

    • CosmicTurtle@lemmy.world
      link
      fedilink
      English
      arrow-up
      31
      ·
      10 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
        10 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
        ·
        10 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
            ·
            10 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
              ·
              10 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
        ·
        10 months ago

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