I'm still struggling with the fact that google wants to move my contract out of germany since I haven't been back since covid started. It refers to a section in the user agreement to object to it that I have not found.
They should really legislate against the validity of these term change at whim.
> You will receive an email in the next 1-2 days when your new agreement is ready for your review and acceptance before moving forward. If you are no longer interested in moving forward with Solar Roof, you can cancel your order by logging into your Tesla Account and your deposit will automatically be refunded.
Afaik you have to have proof of damages, and I know in Canada at least you basically get nothing for emotional distress that may be caused - and in the US from what I know, mental pain and suffering can be a significant part of a settlement or ruling.
You relied on the representation of the other party that they agreed to X(written contract or not, written is easier to rove, but not essential), and then took actions based on the expectation of X.
Costs might include hard materials & labor costs for preparing the site, your labor in preparing the site, lost income for time you spent, opportunity costs of not taking advantage of other opportunities (e.g., how much electricity costs you incurred by not putting in other panels instead of their contract), and emotional distress.
The problem is going to be proving each and every one of those charges in court, in the face of both legitimate and bullsh*t arguments by Tesla's lawyers - and they will bring both types of arguments by the truckload.
What Tesla is counting on is that it will almost always cost more to pursue the lawsuit than you will recover, so no one will step up and sue. They have scale, you don't.
This is why class action lawsuits exist - so that all similarly situated plaintiffs can combine their actions into one, and pursue it with one firm. It would not surprise me that someone at a class-action firm is already examining these reports, taking notes, and making calls. Similarly, anyone with this problem should be contacting class action firms this morning.
As mentioned in the article, at least one individual spent thousands in preparation for his roof.
The time and effort of getting the initial work done and now the revelation of a double digit percent price increase, and a low key threat of further delays unless you sign right now?
Sounds quite distressful.
In fact, it is by design stressful, so as to pressure the consumer to accept the new contract.
I.e., a lawsuit is not scaleable as an individual.
Tesla are taking advantage of that advantage of that asymmetry in scale, and basically saying "this is wrong, so sue us", knowing that few or zero will, and most will just eat that dung sandwich.
A contract cannot compel any action - it is an agreement on what is expected and the cost of non-compliance.
Every part of this sentence before and after “it is an agreement on what is expected” is incorrect. A contract may lay out consequences of noncompliance, but it is contract law, not the terms of the contract that will set the actual consequences; those set in the contract are valid in only limited circumstances, and only then if their amount is appropriate under the law. And the manner of enforcement may be too compel performance of the obligations in the contract, see the remedy called “specific performance”.
There is a little-used 'specific performance' case but that's for objects of art or whatnot, especially when no monetary value can be assigned. And in the overwhelming number of situations, should not be relied upon for remedy.
Its cash (almost) all the way.
People aren't free not to do business with people they have contracts with. That's one of the major reasons to sign a contract.