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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[–] AFKBRBChocolate@lemmy.world 70 points 2 years 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.

[–] SinningStromgald@lemmy.world 62 points 2 years ago (2 children)

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

[–] CosmicTurtle@lemmy.world 31 points 2 years 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.

[–] ZMonster@lemmy.world 7 points 2 years ago* (last edited 2 years 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 4 points 2 years 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.

[–] ColeSloth@discuss.tchncs.de 5 points 2 years ago (1 children)

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

[–] pearsaltchocolatebar@discuss.online 4 points 2 years 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.

[–] ColeSloth@discuss.tchncs.de 1 points 2 years 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 3 points 2 years ago

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

[–] xhieron@lemmy.world 21 points 2 years ago (2 children)

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

[–] ooterness@lemmy.world 41 points 2 years 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 14 points 2 years ago (3 children)

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

Look up the legal definition of detrimental reliance.

[–] Th3D3k0y@lemmy.world 3 points 2 years ago

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

[–] lightnsfw@reddthat.com 2 points 2 years ago

A corporation Musk is involved with?

[–] DigitalTraveler42@lemmy.world 54 points 2 years ago (2 children)

A musk never pays his debts...

[–] DogPeePoo@lemm.ee 22 points 2 years ago

This joke Trumps mine

[–] VaultBoyNewVegas@lemmy.world 6 points 2 years ago

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

[–] Dkarma@lemmy.world 25 points 2 years ago (1 children)
[–] ME5SENGER_24@lemmy.world 20 points 2 years ago (1 children)

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

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

[–] Grass@sh.itjust.works 7 points 2 years ago

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