this post was submitted on 24 Feb 2024
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Enough Musk Spam

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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.

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[–] [email protected] 70 points 8 months ago (2 children)

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.

[–] [email protected] 62 points 8 months ago (2 children)

I think they need a better contract for large orders like that.

[–] [email protected] 31 points 8 months ago (3 children)

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.

[–] [email protected] 7 points 8 months ago* (last edited 8 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)_/¯

[–] [email protected] 4 points 8 months ago (1 children)

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.

[–] [email protected] 5 points 8 months ago (1 children)

The order was $16,000. The amount of mini pies was 4k. You confused yourself.

[–] [email protected] 4 points 8 months ago (1 children)

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.

[–] [email protected] 1 points 8 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.

[–] [email protected] 3 points 8 months ago

You would usually charge enough to break even in case of cancellation and only charge the "profit" part upon delivery...

[–] [email protected] 21 points 8 months ago (2 children)

Sounds an awful lot like detrimental reliance to me....

[–] [email protected] 41 points 8 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."

[–] [email protected] 14 points 8 months ago (3 children)

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

[–] [email protected] 6 points 8 months ago

Look up the legal definition of detrimental reliance.

[–] [email protected] 3 points 8 months ago

I mean yeah, I don't know why anyone would legitimately expect this

[–] [email protected] 2 points 8 months ago

A corporation Musk is involved with?

[–] [email protected] 54 points 8 months ago (2 children)

A musk never pays his debts...

[–] [email protected] 22 points 8 months ago

This joke Trumps mine

[–] [email protected] 6 points 8 months ago

One of the many many reasons he's called muskrat.

[–] [email protected] 25 points 8 months ago (1 children)
[–] [email protected] 20 points 8 months ago (1 children)

Not just half, deposits should essentially cover costs. Then the other “half” is straight profit. Worst case you lose your profit

[–] [email protected] 5 points 8 months ago

Exactly. She just learned a very expensive lesson. You have to CYA first and foremost.

[–] [email protected] 7 points 8 months ago

I wouldn't trust any business with any big companies without up front payment.