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
    link
    English
    319 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
      link
      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)_/¯

    • @[email protected]
      link
      fedilink
      49 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.

        • @[email protected]
          link
          fedilink
          49 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.

          • @[email protected]
            link
            fedilink
            19 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]
      link
      fedilink
      39 months ago

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